Criminal Case No.

1265/9 of 2015
State Vs Rijwan & Others
Case crime no.352 of 2015
U/S-307,452,504,506,I.P.C.
Police-Station-Kairana
Distrait- Shamli
Pending before- Addional Chief
Judicial Magistrate, Kairana,
District- Shamli
IN THE HIGH COURT OF JUDICATU RE AT ALLAHABAD
CRIMINAL MISC. APPLICATION NO. OF 2016
(Under Section 482 of the Criminal Procedure Code)
DISTRICT : -SHAMLI

1.Nadeem s/o Ikram

2.Rasid s/o Jmalu
Both are Resident of-Village Titarwara-P.s.-Kairana
District- Shamli
… ………..…Applicants
Versus
1. State of U.P.
2. Sri Rahees s/o Sri Mohammad
Resident of-Village -Titarwara , P.S. Kairana,
District- Shamli.
………………Opposite parties.
To,
The Hon’ble the Chief Justice and his other
companion Judges of the aforesaid court.
The humble application of the above named
applicant, most respectfully showeth as under.

1. That full facts and circumstances has been

mentioned in the accompanying affidavit, which
may kindly be read in support of present
application.
2. That considering the facts and circumstances of
the case it is expedient in the interest of
jusice that this Hon;ble court may graciously be
pleased to allow this allocation and quashed the
proceeding in the aforesaid criminal case no.
1265/9 of 2015 U/S 307,,452,504,506 I.P.C.
Police Station – Kairana District – Shamli
 pending before the Addional chief judicial
magistrate –Kairana District- State vs Rijwan
and others(Only against the present applicants)
in case crime 352 of 2015 Police Station –
Kairana , District- Shamli or to pass such other
and further which this Hon’ble court may deem
fit and proper, otherwise applicant shall suffer
irreparable loss and injury.
PRAYER

It is, therefore, most respectfully prayed that

this Hon’ble court may graciously be pleased to
allow the application of applicants and quashed
the proceeding of criminal case no. 1265/9 of 2015
U/S 307,,452,504,506 I.P.C. Police Station –
Kairana District – Shamli pending before the
Addional chief judicial magistrate –Kairana
District-Shamli , State vs Rijwan and
others(Only against the present applicants) in
case crime 352 of 2015 Police Station –Kairana ,
District- Shamli.
and further prayed stay the proceeding of criminal
case no. 1265/9 of 2015 U/S 307,,452,504,506
I.P.C. Police Station – Kairana District – Shamli
pending before the Addional chief judicial
magistrate –Kairana District-Shamli, State vs
Rijwan and others(Only against the present
applicants) in case crime 352 of 2015 Police
Station –Kairana , District- Shamli.OR to pass
such other and further which this Hon’ble court
may deem fit and proper, otherwise applicant shall
suffer irreparable loss and injury.
Dated:- (R.C.SRIVASTAVA) (R.P.VISHWKARMA)
Advocates
Counsel for the Applicants
Seat No. 88 Triveni Hall &
Chamber No. 184-C
High Court, Allahabad
Advocate Roll No A/R-
Mobile No.-9415279895
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AFFIDAVIT
IN
CRIMINAL MISC. APPLICATION NO. OF 2016
(Under Section 482 of the Criminal Procedure Code)
DISTRICT : SHAMLI

Nadeem and others …Applicants.

Versus
State of U.P. and another ……………………Opposite parties.
Affidavit of Meharban ,
Aged about 39 years, Son of
Sri Jahur , Resident of–
Village -Titarwara,P.S.-
Kairana, District-Shamli.
Religious-Muslim,
Occupation-Private work .
(Deponent)
I the deponent named above do hereby
solemnly affirm and stated on oath as under;

1. That the deponent is the uncle of applicant

No.1 and is doing Pairvi on his behalf in the
above noted Criminal Misc. application, as
such he is fully acquainted with the facts of
the case deposed to below. in I.D. proof
applicant file Adhar card issued by the
Government of India .

2. That this is the first application (U/s 482

Cr.P.C.), they are not filed any other
criminal application or Criminal revision or
criminal writ petition before this Hon’ble
court for the present cause of action.
3. That Opposite party no. 2 lodge the F.I.R.
against the 4 persons on 13-05-2015 in vide
case crime no. 352 of 2015 Under section
307,452,504,506 I.P.C. Police Station –
Kairana, District Shamli, allegation in
F.I.R. applicants and other co-accused used
fire Arms and others weapon for the purpose of
the try to kill the informant and in the
incident Saleem and Rihana received injury and
applicants are also Mar-peet with informant,
incident date and time of 12-05-2015 at 19.00
P.M., A type copy of the F.I.R in vide case
crime no. 352 of 2015 under
section,307,452,504,506 I.P.C,P.S.-Kairana,
District- Sahmli .no 68/2013 is being file
here with and marked as Annexure No. 1 to this
affidavit.

4. That in this incident injured person Saleem and

Rihana examination by the Doctors; A
Photo/type copy of the medical report of the
Saleem and Rihana is being file here with and
marked as Annexure No. 2 to this affidavit.

5. That present case is counter blast case earlier

one Jishan who is the family member of the
accused/applicants lodge the F.I.R against the
4 persons on the dated 12-05-2016 vide case
crime no. 0344 of 2015 under section 307,504
I.P.C. ,Police Station –Kairana, District-
Shamli against the O.P.no. 2 family members. A
True/photo/Type copy of the F.I.R dated 12-
05--2015 is being file here with and marked as
Annexure No. 3 to this affidavit.

6. That in the incident case crime no 0344 of 2015

side of the accused/applicants also received
 injury ,Applicant no. 2 Nadeem and Alishan
received injury and there medical examination
by the Doctor ,A True/Photo/Type copy of the
medical report of Nadeem and Alishan is being
herewith as Annexure No. 4 of this affidavit .

7. That during the investigation I.O recorded

statement of the informant Rahees and witness
Liyakat and Rasheed under Section 161 of
Cr.P.C. ,A type copy of the informant and
witness statement is being filed and marked as
Annexure No. 5 to this affidavit.

8. That during the investigation both parties

file affidavit before the I.O. as well Circle
officer (C.O) and stated their affidavit on
the dated 12-05-2015 in the motorcycle
incident some body received injury but due to
local enmity they lodge the F.I.R. but I.O.
not consider the affidavit file by the both
parties and file charge sheet, A photo copy of
the affidavit file by the both parties is
being herewith file as Annexure No. 6 to this
affidavit .

9. That it is also very important to mention here

that investigation officer has submitted the
impugned Charge Sheet against present
applicants on 30-06-2015 in which learned
below has taken cognizance on 31-08-2015, it
is important to mention here that
investigating officer has submitted the
impugned charge sheet dated 30-06-2015 without
making a proper and fair investigation as well
as under influence of the O.P.No.2 . The type
copy and photo copy of the impugned charge
 sheet dated 30-06-2015 is being filed and
marked as Annexure No. 7 to this affidavit.
10. That learned lower court taken cognizance on
31-08-2015 and summoning the applicants, in
this regard applicants file a complete order
sheet dated 31-08-2015 to 30-06-2016 ,A
True/Type copy of the complete order sheet is
being file herewith as Annex Annexure No. 8 to
this affidavit .

11. That aforesaid case is injury found by the

both side case .

12. That applicants and O.P. No. 2 living in

village – Titwara (Kairana)District- Shamli .

13. That Investigation officer file the charge

sheet without collecting any evidence and
statement of the recorded under section 161
Cr.P.C of the informant namely Sri Raheem in
vide case crime no. 352 of 2015 and his other
witnesses statement also mentioned in the case
diary without there consent and file the
charge sheet in routine manner against the
present applicants .

14. That I.O. also not consider the affidavit file

by the both parties in the both case crime no.
i.e. case crime 352 of 2015 and 344 of 2015
and file the charge sheet .

15. That opposite party no. 2 Rahees and

witness of the present incident is criminal
also file affidavit but that affidavit not
consider by the I.O..

16. That the applicants is wholly innocent of the

charge and has been falsely implicated in the
 aforesaid case, due to malafide intention and
oblique motive for blackmailing him.

17. That the applicant are quite innocent and they

have nothing to do with the alleged
offence.Oppsite party NO.2 .

18. That the aforesaid F.I.R was Lodge due

consultaion and delberartion only in order to
harass and blackmail the applicants ,In fact
they have committed no offence as alleged in the
First Information Report.

19. That it is also relevant to mention here that

all the applicants are law abiding , peace
lovin and belong to educated family as well
as all the applicant has no criminal history
except this false and concocted criminal case
which has been intiated by O.P.N o2
intentionally and deliberately against
applicants only to make the physical
harassment and local party- bandi.

20. That there is no other alternative and

efficacious remedy available to the applicant
to approach this Hon’ble Court under Section
482 Cr.P.C..

21. That in these facts and circumstances of the

case that this Hon’ble court may graciously
be pleased to allow the application and
quashed the proceeding of criminal case no.
1265/9 of 2015 U/S 307,,452,504,506 I.P.C.
Police Station – Kairana District – Shamli
pending before the Addional chief judicial
magistrate –Kairana District- State vs Rijwan
and others(Only against the present
 applicants) in case crime 352 of 2015 Police
Station –Kairana , District- Shamli.
,OR to pass such other and further which
this Hon’ble court may deem fit and proper,
otherwise applicant shall suffer irreparable
loss and injury.

I, the deponent above named do hereby verify

that the contents of paragraphs nos.
………………………………………..of this affidavit are true to
my personal knowledge, and those of

Contents of paragraphs nos. of this

affidavit are based on relevant records and
those of contents of paragraph nos. of

this affidavit are based on legal advice, which

all I believe to be true and nothing material
has been concealed and no part of it is false.

SO HELP ME GOD

(DEPONENT)

I,R.P. VISHWKARAMA, Advocate, High Court,

Allahabad do hereby declare that the person
making this affidavit alleging himself to be
the deponent is known to me from the
perusal of records/papers which he produced
before me in this case.

(ADVOCATE)
Solemnly affirmed before me in this th
day of August, 2016 at about a.m./p.m.
by the deponent who has been identified by the
aforesaid Advocate.
I have satisfied myself by examining the
deponent that he understands the contents of
this affidavit, which have been read over and
explained to him.
(OATH COMMISSIONER)