RAHEES Vs. STATE OF U P

JUDGEMENT

(1.) This is a writ petition for quashing of first information report dated 09.06.2013, registered as Case Crime No. 552 of 2013, under Sections 147, 148, 149, 307, 353, 332, 504, 506, 354B IPC and Section 25/27 Arms Act, Police Station Civil Lines, District Aligarh.

(2.) From perusal of first information report it cannot be said that commission of a cognizable offence is not made out. There is no material on record to demonstrate that proceedings initiated by means of aforesaid report are vexatious, frivolous or otherwise illegal. In the circumstance, no interference is called for.

(3.) The learned counsel for the petitioners then submitted that respondents-authorities be directed not to arrest petitioners by observing the law laid down by Apex Court in Joginder Kumar Vs. State of U.P., 1994 CrLJ 1981, Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 4 SCC 437 and this Court in Smt. Amarawati and another Vs. State of U.P., 2005 1 AWC 416. He also said that similar orders have been passed by this Court in many matters and, therefore, following the principle of parity similar direction must be issued in this case also.