Mohd. Jan vs State Of U.P. And Another
2018 Latest Caselaw 1119 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14237 of 2018
 
Petitioner :- Mohd. Jan
 
Respondent :- State Of U.P. And Another
 
Counsel for Petitioner :- Irshad Ahmad
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Irshad Ahmad, learned counsel for the petitioner, Sri G.P.Singh, 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 petitioner with a prayer to quash the FIR dated 10.11.2017, registered as case crime No.389 of 2017, under Sections 147, 148, 149, 332, 333, 353, 307, 336, 427, 504, 506, 34 I.P.C. and 3/4 Prevention of Damages to Public Property Act, 1984, & 7 Crl. Law Amendment Act, 1932, Police Station Deedauli, District Jyotiba Phule Nagar/ Amroha.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention.The allegation levelled against the petitioner are absolutely false, frivolous and baseless. He further submits that the identically situated co-accused persons have already challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.28134 of 2017 (copy of which is annexed at page-46 of the writ petition) & Crl. Misc. Writ Petition No.11376 of 2018 (copy of which has been produced and the same is taken on record), which have been disposed of by Coordinate Bench as well of by this Court vide orders dated 19.12.2017 and 3.5.2018 staying the arrest of the said co-accused persons, hence, the petitioner is also entitled for the same relief.

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 petitioner.

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

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

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 30.5.2018/NS