Hanif vs State Of U.P. And 2 Others
2015 Latest Caselaw 5706 ALL

Citation : 2015 Latest Caselaw 5706 ALL
Judgement Date : 23 December, 2015

Allahabad High Court

Hanif vs State Of U.P. And 2 Others on 23 December, 2015

Bench: Bala Krishna Narayana, Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 30324 of 2015
 

 
Petitioner :- Hanif
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Jahangir Haider
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

It is submitted by the learned counsel for the petitioner that the impugned F.I.R has been lodged by the respondent no.3 containing absolutely false and concocted allegations against the petitioner after an inordinate and unexplained delay of four years. Even if the allegations made in the F.I.R. are accepted to be true in their entirety the same do not disclose any cognizable offence against the petitioner.

It is further submitted that since on the basis of the allegation made in the F.I.R. no cognizable offence against the petitioner is disclosed and dispute between the parties which is purely of civil nature has been illegally converted into criminal prosecution of the petitioner at the behest of respondent no.3 and dragged before the criminal court which is bad in law.

The submissions made by learned counsel for the petitioner, prima facie, appear to be correct. The matter requires consideration.

Learned A.G.A has accepted notice on behalf of opposite party nos.1 and 2. He prays for and is allowed six weeks' time to file counter affidavit.

Issue notice to opposite party no. 3, who may also file counter affidavit within the same period.

Rejoinder affidavit may be filed within two weeks thereafter.

List this matter immediately after eight weeks before the appropriate Court.

Till the next date of listing or till the submission of police report under section 173(2) Cr.P.C, whichever is later, the petitioner shall not be arrested pursuant to impugned FIR dated 15.8.2015 registered as Case Crime no.603 of 2015, under sections 406, 504, 506 I.P.C., Police Station Murad Nagar, District Ghaziabad.

Order Date :- 23.12.2015