Rais Qureshi and Another v. State of U.P. and 3 Others
Case brief
What is this about?
Criminal Miscellaneous Writ Petition seeking quashing of an F.I.R. for using forged documents in contesting a bail application. The High Court declined to quash the F.I.R. but granted interim protection from arrest pending the submission of the police report under Section 173(2) Cr.P.C.
What did the court decide?
Interim protection from arrest granted until submission of the police report under Section 173(2) Cr.P.C. Recognizance directed.
What the court decided
Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 3183 of 2020
Petitioner :- Rais Qureshi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sheshadri Trivedi,Vikas Tripathi Counsel for Respondent :- G.A.,Rama Shankar Mishra
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Dinesh Pathak,J.
Heard Shri Sheshadri Trivedi learned counsel for the petitioners, Shri Rama Shankar Mishra learned counsel for opposite party no. 4 and the learned A.G.A. for the State.
The instant petition has filed for quashing of the F.I.R. dated 14.01.2020 registered as Case Crime No. 0025 of 2020 under Sections 467, 468, 471 & 420 I.P.C., Police Station Ghaziabad Kotwali, District Ghaziabad.
The allegations in the first information report, lodged by Shanu s/o. Mohd. Yaseen, are that the petitioners have used a forged document in contesting the bail application filed by Mohd. Yaseen before this Court in Case Crime No. 0092 of 2018 under Section 2/3 of the U.P. Gangster Act.
Submission of the learned counsel for the petitioners is that an N.C.R. No. 20 of 2017 was lodged by the petitioners against father of the first informant herein, which was registered as Case Crime No. 223 of 2017 and later on charge-sheet had been submitted by the police. The son of petitioner no. 1 was murdered, thereafter, and a First Information Report was lodged which was registered as Case Crime No. 949 of 2017 under Sections 302, 34, 120-B & 147 I.P.C. against Mohd. Yaseen, father of the first informant, herein.
Issues for consideration
2 issues framed by the court
Whether the F.I.R. in State of U.P. vs. Rais Qureshi & Another merit quashing under Section 482 Cr.P.C.
Whether an interim non-arrest order can be granted while investigation is pending in the underlying case.
Parties & counsel
- petitioner
Rais Qureshi
- petitioner
Another
- respondent
State Of U.P.
- respondent
Other Respondents
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- CRLP/3183/2020
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