Rahim Alias Raheesh Vs State of U.P. and 2 Others

Court No. - 33

Case :- CRIMINAL MISC. WRIT PETITION No. - 12513 of 2019

Petitioner :- Rahim Alias Raheesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the petitioner; learned AGA for respondents 1 and 2; and perused the record.

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The instant petition seeks quashing of the first information report dated 7th April, 2019 registered as Case Crime No.0335 of 2019, under Sections 420, 467, 468, 471, 120B, 323, 504 and 506 IPC at Police Station Noida Sector 49, District Gautam Budh Nagar.

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The contention of learned counsel for the petitioner is that the allegation in the impugned first information report is in respect of grievance regarding non-performance of agreement for sale which was allegedly entered into between Raham Ali (since deceased) as well as his power of attorney holder and the informant. It has been contended that the petitioner is not a party to the agreement but has been falsely implicated by showing that he was one of those who had threatened the informant. It has been submitted that the petitioner has been falsely implicated and in so far as the allegations of cheating and setting up false documents are concerned, they are not against the petitioner.

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Be that as it may, as the allegations made in the impugned first information report would require investigation, the prayer of the petitioner to quash the first information report cannot be accepted. However, looking to the facts and circumstances of the case, we deem it appropriate to dispose of the petition by providing that investigation of the above case shall continue and be brought to its logical conclusion but subject to petitioner's co-operation in the investigation, he shall not be arrested till submission of police report under Section 173 (2) CrPC.

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Order Date :- 9.5.2019.

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Rks.

Rahim Alias Raheesh v. State of U.P. and 2 Others

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Rahim Alias Raheesh v. State of U.P. and 2 Others

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