Ayyub Husain v. State of U.P. and 3 Others

Court No. - 51

Case :- CRIMINAL MISC. WRIT PETITION No. - 483 of 2019 Petitioner :- Ayyub Husain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Kumar Patel

Counsel for Respondent :- G.A.,Indrakesh Kumar Sharma,Sanjay Kumar Singh

Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.

Heard Sri Krishna Kumar Patel, learned counsel for the petitioner, Sri Sanjay Kumar Singh, learned counsel for the opposite party no.4 and Sri R. K. Mauray, 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.129 of 2018, under Sections 376, 328, 506, IPC, Police Station Mahila Thana, District Moradabad.

Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; reliance has also been placed on the averments made on paragraph no. 7, 8, 9, 12, 15 and 16 of the writ petition. Further contention of the counsel for the petitioner is that 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 petitioner 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.