- (1.) Heard Sri A.B.L.Gour, learned Senior Advocate, assisted by Sri Saurabh Gour learned counsel for the petitioners and learned A.G.A.for the State of U.P.
(2.) This writ petition has been preferred by the petitioner Aslam, Islaman, Maufeed and Monu with the following prayers : (I ) To issue a Writ, order or direction in the nature of Certiorari quashing the impugned first information report under Sections 302/120-B I.P.C.in connection with case crime No. 439 of 2012 at police station Massuri, District Ghaziabad (annexed as Annexure No. 1 to the present petition) (ii) To issue a Writ order or direction in the nature of Mandamus staying arrest of the petitioners under section 302/120-B I.P.C. in connection with Case Crime No. 439 of 2012 at Police Station Massuri, District Ghaziabad during pendency of the present petition. (iii) To issue any other Writ, order or direction of a suitable nature which this Hon'ble High Court may deem fit and proper under the facts and circumstance of the case. (iv) To award costs of the Writ petition to the petitioners.
(3.) It is contended by counsel for the petitioner - (a) That the petitioners are not named in the FIR nor any specific role has been assigned to them in the present case and involvement of the petitioners in the present case is highly doubtful and therefore the FIR is illegal and perverse. (b) That there are two contradictory investigation reports in the present case; one by the regular police and the other by the C.B.C.I.D.and therefore the FIR is illegal and liable to be quashed. (c ) That before order transferring investigation from regular police to C.B.C.I.D.had been stayed by this Hon'ble Court, the C.B.C.I.D.had almost completed investigation and had found that the petitioners were not involved in this case and therefore the FIR or any step of the police in pursuance of the FIR is liable to be stayed by this Hon'ble court. (d) That there is no explanation of the delay of seven days in lodging the FIR and therefore the FIR is illegal and is liable to be quashed. (e) That implication of the petitioner in the present case is motivated with malafide intention and therefore the impugned FIR is liable to be quashed. In reply of the above contention it is submitted by learned A.G.A that this is second writ petition on behalf of the petitioners Aslam, Islaman and Maufeed. Their first writ petition bearing No.Criminal Misc. Writ Petition No. 13715 of 2012 having the same prayer : (i) To issue a writ, or direction in the nature of certiorari for quashing the impugned FIR dated 2.6.2012 in case crime No. 439 of 2012 under sections 302, 201& 120-B I.P.C.,Police Station Massorie, District Ghaziabad (Annexure No.1 to the writ petition). (ii) To issue a writ, order or direction in the nature of mandamus directing the respondent no.3 not to arrest the petitioners in pursuance of the impugned FIR dated 2.6.2012 in case crime No. 439 of 2012 under sections 302, 201, 120-B I.P.C.,Police Station Massorie, District Ghaziabad (iii) To issue any other writ, order or direction which this Hon'ble Court deem fit and proper in the circumstances of the case. (iv) To award cost to the petitioners.;