Allahabad High Court
Haji Iqbal vs State Of U.P. And 3 Others on 22 December, 2022
Author: Suneet Kumar
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 20043 of 2022 Petitioner :- Haji Iqbal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indra Bhan Yadav,Akash Deep Srivastava Counsel for Respondent :- G.A. Hon'ble Suneet Kumar,J.
Hon'ble Syed Waiz Mian,J.
Heard the learned counsel for the petitioner and learned A.G.A.
By means of this petition, the petitioner has prayed for quashing of the impugned FIR dated 01.12.2022, registered as Case Crime No. 0625 of 2022, under section 307, 504, 506, 120-B I.P.C., Police Station Behat, District Saharanpur.
Petitioner claims to be Chancellor of charitable institution at Saharanpur, petitioner is not nominated in the F.I.R. Neither directly or indirectly he is connected with the allegations made therein. It is a case of malicious prosecution to extract illegal consideration from the petitioner.
After having examined the pleadings and the averments made in the writ petition and perusing the allegations made in the impugned F.I.R. we are not inclined to enter into the merits of the rival submission. The same is kept open.
However, we finally dispose of this petition with a direction to the State authorities that the petitioners shall not be arrested in respect of above stated crime number till submission of the police report under Section 173(2) Cr.P.C., if any, before the competent court.
It is made clear that it will be open for the State, informant/ complainant/ aggrieved person to move an appropriate application for recall/modification of this order, as the case may be, if there has been any material concealment of fact in the present writ petition.
Order Date :- 22.12.2022 K.K. Maurya