Allahabad High Court
Gulzar And Another vs State Of U.P. Thru. S.S.P., Sambhal And 2 ... on 16 September, 2019
Bench: Pankaj Naqvi, Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 21302 of 2019 Petitioner :- Gulzar And Another Respondent :- State Of U.P. Thru. S.S.P., Sambhal And 2 Others Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Irshad Ahmad, learned counsel for the petitioner and Shri Raj Bhar, learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 22.8.2019 registered as Case Crime No.395 of 2019, under section 366 I.P.C. & 67 Information Technology Act, PS.Bahjoi, District Sambhal.
Learned counsel for the petitioner states that as per First Information Report both the petitioners are major, FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 16.9.2019 Rk