Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1399 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.340 of 2018 under sections 504, 506 I.P.C and 3/5 of Prevention of Damages to Public Property Act, 1984, P.S. Badlapur, District Jaunpur.
It is submitted by learned counsel for the petitioner that "Sudhar Samiti Sarai Triloki Umari, Jaunpur" is a registered society, which runs the institution namely "Ram Naresh Balika Vidyalaya" situate at plot no.62 (area 0.886 hct) and "SB Junior High School" situate at plot no. 64 (area 0.393 hct), discernible from Khatauni of Fasli Year 1425-30, petitioner no.1 is the Manager of the Committee of Management of both the institutions and petitioner no.2 is his son, the Committee on 10.6.2018 decided to construct / repair the building situate at plot no. 64, which was obstructed by the informant, against this interference, petitioner no.1 made a complaint to District Magistrate, Jaunpur, in which a report of Halka Lekhpal dated 10.8.2018 was filed, as per the said report, the construction is going on plot no. 64, and plot no. 62 is an open area, whereas the FIR was lodged in respect of plot nos. 61 and 62 on 23.12.2018, malafidely motivated, 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