Criminal Miscellaneous Writ Petition seeking quashment of FIR. Court observed prima facie cognizable offence is made out, denying immediate quashment. Petitioners allowed to approach lower court for bail within thirty days.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 36550 of 2018
Petitioner :- Mohan Lal And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Dixit Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 1.12.2018 registered as Case Crime No.257 of 2018, under Sections 307,452,323,147,148,149,504,506 IPC and Section 3(2)(v) S.C./S.T. Act, P.S. Barla, District Aligarh.
It is submitted by the learned counsel for the petitioners that the petitioners are the landlord of the respondent no.3 who has lodged the FIR with absolutely false and concocted allegations in order to cause unnecessary harassment when they have committed no offence as alleged in the FIR. Hence the FIR deserves to be quashed.
Per contra learned contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.
In the light of above observations, this petition is accordingly disposed of.
Order Date :- 14.12.2018 M. Tariq
1 issue framed by the court
Whether the FIR under Sections 307, 452, 323, 147, 148, 149, 504, 506 IPC and Section 3(2)(v) S.C./S.T. Act can be quashed at this stage.
Mohan Lal And 4 Others
State Of U.P. And 2 Others
Naheed Ara Moonis
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
