Sarfuddin @ Pyazoo And 2 Others vs State Of U.P. And 2 Others
2017 Latest Caselaw 4357 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 18719 of 2017
 
Petitioner :- Sarfuddin @ Pyazoo And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ashutosh Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Aniruddha Singh,J.

Heard Sri A.K.Mishra, learned counsel for the petitioners,  Sri P.S. Yadav, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This petition has been filed by the petitioners with a prayer to quash the FIR dated 15.8.2017 registered as Case Crime No.239 of 2017, under Section 379 I.P.C., Police Station Akrabad, District Aligarh.

Learned counsel for the petitioners submits that out of the four accused persons involved in the presnet case, one accused has been arrested and the allegation levelled in the FIR appears to be highly improbable and beyond imagination. He further submits that the petitioners have no criminal history. No offence is made out against the petitioners, hence, FIR be quashed.

Learned A.G.A.opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.

Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.

With the above direction, this petition is finally disposed of.

   (Aniruddha Singh, J.)     (Ramesh Sinha, J.)

Order Date :- 13.9.2017/NS