Petitioner sought writ jurisdiction to quash an FIR alleging offences under various IPC sections. Court refused quash prayer as prima facie offences were made out, directing petitioner to be non-arrestable till police report submission.
Prayer to quash FIR refused. Direction to arrest petitioner barred till Section 173(2) Cr.P.C. report is filed.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 35957 of 2018
Petitioner :- Masiul Hasan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mukhtar Alam Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner and learned AGA for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the first information report dated 26.11.2018 registered as Case Crime No. 871 of 2018, under Sections 420, 467, 468 and 471 I.P.C., police station Chandpur, district Bijnor.
It is submitted by the learned counsel for the petitioner that the first information report was lodged by the respondent no. 3 against the petitioner. The allegations levelled against the petitioner are palpably false and vague. The petitioner is absolutely innocent and has not committed any such offence.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against him therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioner shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 11.12.2018 Shahnawaz
1 issue framed by the court
Whether the first information report dated 26.11.2018 registered under Sections 420, 467, 468 and 471 I.P.C. should be quashed.
Masiul Hasan
State Of U.P.
Naheed Ara Moonis
Pradeep Kumar Srivastava
As recorded by the court registry
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