Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1394 of 2019 Petitioner :- Ajeet Kumar Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- S B Singh Counsel for Respondent :- G.A.,Amar Nath Pandey
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Sharad Malviya holding brief of Sri S.B. Singh, learned counsel for the petitioners, Sri Amar Nath Pandey for the informant and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 23.12.2018 registered as Case Crime No.339 of 2018 under sections 323, 353, 504, 506 I.P.C, P.S. Badlapur, District Jaunpur.
It is submitted that the petitioner no.1 is the Manager of the Committee of Management of Sudhar Samiti Sarai Triloki Umari, Jaunpur and petitioner no.2 is his son. The informant an S.I, allegedly proceeded on oral instruction of S.D.O, coupled with the fact that the report of Lekhpal dated 10.8.2018 that the disputed area stands recorded in the name of the institution concerned, FIR is malafidely motivated, same is liable to be quashed.
Learned counsel for the informant and the learned A.G.A, opposed the submission.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 22.1.2019 N.S.Rathour