Ziaullah vs State Of U.P. And 2 Others
2018 Latest Caselaw 573 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12474 of 2018
 
Petitioner :- Ziaullah
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Arvind Kumar Upadhyay
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Kamal Krishan, learned Senior Advocate, assisted by Sri A.K.Upadhyay, learned counsel for the petitioner, Sri N.K.Verma,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 23.4.2018, registered as case crime No.117 of 2018, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station Ghosi, District Mau.

Learned counsel for the petitioner submits that the dispute between the parties is with respect to Waqf property and civil litigation is pending between the parties, on account of which the impugned FIR has been lodged by respondent no.3 against the the petitioner levelling false and frivolous allegations, though no offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.

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 :- 16.5.2018/NS