Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 3035 of 2015
Petitioner :- Mohd. Naseem Hashmi
Respondent :- State Of U.P. And 3 Ors
Counsel for Petitioner :- Jitendra Tiwari,Pravesh Kumar Rajput
Counsel for Respondent :- Govt.Advocate
Hon'ble Ravindra Singh,J.
Hon'ble Arvind Kumar Mishra-I,J.
Heard the learned counsel for the petitioner and the learned A.G.A.
This petition has been filed by the petitioner Mohd. Naseem Hashmi with a
prayer to quash the F.I.R. of case crime no. 230 of 2014 under sections 147,
148, 323, 504, 506, 379 I.P.C. and B(1) X SC/ST Act, Police Station Jhusi,
District Allahabad.
Learned counsel for the petitioner is permitted to correct the name of
respondent no.4.
From the perusal of the F.I.R. it appears that on the basis of the allegations
made therein prima facie cognizable offence is made out. There is no ground
for interfering in the F.I.R. Therefore, the prayer for quashing the impugned
F.I.R. is refused.
However, considering the submission made by the counsel for the petitioner
that in the present case F.I.R. has been lodged on 6.6.2014 at 7.30 p.m. but the
alleged incident has taken place on 18.05.2014 at 6.00 p.m. and nobody has
sustained any injury. As per the F.I.R. the allegation has been raised with
regard to the victim Bhagirathi Bharatiya, victim Bhagirathi Bharatiya had
already lodged a complaint before the S.S.P., Allahabad. The same was
enquired by Sahayak Police Adhikshak/Circle Officer 5th, Allahabad and
submitted report dated 24.3.2012 to D.I.G., Allahabad that the complaint was
based on Ganga pollution. It is directed that the petitioner shall not be arrested
in the above mentioned case, till the credible evidence is not collected by the
I.O. during investigation as per the view taken by the Apex Court in the case
of Joginder Kumar Versus State of U.P. 1994 Cr.L.J.,1981.
With the above direction this petition is finally disposed of.
Order Date :- 5.2.2015
sherly