Shahzad and 3 Others v. State of U P and 2 Others
Case brief
What is this about?
The High Court declined to quash an FIR regarding offences under IPC sections 363, 376-D, 342, 313, and 511. However, it directed that the petitioners shall not be arrested and must cooperate with the investigation until the police submit the report under Section 173(2) Cr.P.C. The petition was disposed of with these directions.
What did the court decide?
Petitioners directed not to be arrested; police directed to conclude investigation early and petitioner to cooperate pending submission of police report under Section 173(2) Cr.P.C.
What the court decided
Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 9985 of 2018
Petitioner :- Shahzad And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Exemption application is allowed.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 44 of 2018, under Section- 363, 376-D, 342, 313, 511 IPC P.S.- Bachhraon, district- Amroha.
It is submitted that all the persons named in the FIR and much reliance has been placed on the averments made in para 5, 6 and 7 and the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; statemetn under Section 164 Cr.P.C. has been recorded which is annexed at page 26 of the writ petition; 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 petitioners in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Issues for consideration
2 issues framed by the court
Whether to quash the FIR registered under Sections 363, 376-D, 342, 313, and 511 IPC.
Whether to grant bail or stay on arrest pending the police report in a serious criminal case.
Parties & counsel
- petitioner
Shahzad And 3 Others
- respondent
State Of U P And 2 Others
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- CRLP/9985/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court