Nadeem Ahmad And Ors. vs The State Of U.P Thru Principal ...
2014 Latest Caselaw 3843 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 1339 of 2013
 

 
Petitioner :- Nadeem Ahmad And Ors.
 
Respondent :- The State Of U.P Thru Principal Secy., Home Deptt., And Ors.
 
Counsel for Petitioner :- D.K Mishra
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the petitioners and learned A.G.A.

This petition has been filed by the petitioners Nadeem Ahmad And Ors with a prayer to quash the FIR of case crime No. 8 of 2013 under sections 363, 366 IPC, P.S. Janakipuram, District Lucknow.

From the perusal of the FIR it appears that on the basis of allegation made therein the prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.

However, considering the submission made by learned A.G.A. that in pursuance of the order dated 19.2.2013  the statement of the victim Smt. Kaliya Khatoon has been recorded in which she has not supported the prosecution  story, it is directed that petitioners shall not be arrested till the submission of the police report under secion 173(2) Cr.p.C. but the petitioners shall cooperate with the investigation.

With this direction, this petition is finally disposed of.

Order Date :- 31.7.2014

RPD