Partly allowed

Arif Rais v. State of U.P. and 3 Others

Allahabad HC19 Dec 2018CRLP/37222/2018

Case brief

AI extract

What is this about?

This Court refused the petitioner's prayer to quash the FIR alleging offences under Sections 420, 467, 468, and 471 IPC as prima facie cognizable offences were made out. The Court granted bail pending investigation conditioned on surrender within thirty days and application for bail to be processed expeditiously.

What did the court decide?

Prayer to quash FIR refused. Petitioner granted thirty days to surrender and apply for bail; subsequent bail prayer to be heard expeditiously.

Arif Rais Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2018)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 37222 of 2018

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Petitioner :- Arif Rais Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nagendra Kumar Singh,Gaurav Kashyap Counsel for Respondent :- G.A.

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Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.

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Heard learned counsel for the petitioner and the learned A.G.A. for the State.

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By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 12.11.2017 registered as Case Crime No.1104 of 2017, under Sections 420,467,468,471 IPC, P.S. Civil Lines, District Budaun.

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It is submitted by the learned counsel for the petitioner that the petitioner is the Mutwalli of the Waqf Property. The present FIR has been lodged by the respondent no.4 against the petitioner with a malafide intention for the purposes of harassment when prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.4. Hence the FIR deserves to be quashed.

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Per contra learned A.G..A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.

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From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner.The prayer for quashing the FIR is refused.

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However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.

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It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioner shall not be entitled to any benefit of this order.

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With the above directions, this petition is disposed of finally.

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Order Date :- 19.12.2018 M. Tariq

Arif Rais v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Arif Rais v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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