Writ petition for quashing FIR quashed in terms. Subsequent direction bars arrest until police report filed under Section 173(2) Cr.P.C., contingent on petitioner's cooperation.
Direction: Petitioner not to be arrested until police report filed under Section 173(2) Cr.P.C.; writ petition disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 35934 of 2018
Petitioner :- Faizab Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adesh Kumar Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Adesh Kumar, learned counsel for the petitioner and Sri Maurya, learned AGA for State.
This writ petition has been filed by the petitioner seeking quashment of the FIR dated 3.11.2018 in respect of 1031 of 2018, under Sections 394, 504, 506, 307 I.P.C., P.S.Kharkhauda, District-Meerut.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the respondent no.3 containing absolutely false and concocted allegations against the petitioner as a counterblast to the first information report lodged by the petitioner against respondent no.3 and his brothers. He further submitted that no one has received injury in the occurrence of the alleged offence. It is lastly submitted that apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed. It has been further argued that identically placed three co-accused persons have already been granted protection by this Court and, therefore, similar order may be passed in respect of the petitioner.
Per contra, learned A.G.A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioner.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioner and the nature of the allegations made in the
F.I.R., it is directed that till the submission of police report under Section 173(2) Cr.P.C., the petitioner shall not be arrested in the aforesaid case subject to his extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 11.12.2018 Fhd.
1 provisions across 1 enactments
Faizab
State Of U.P.
2 Others
Pritinker Diwaker
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
