Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24028 of 2019 Petitioner :- Aman And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Prasad,Buddhi Prakash Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 04.10.2019 registered as Case Crime No.1007 of 2019, under Sections 493, 323, 336, 506 IPC, P.S. Naini, District Prayagraj (Allahabad).
The contention of the petitioners is that firstly no offence punishable under Section 493 IPC is made out and, secondly, the said offence is non cognizable. Otherwise also, the allegations are false and have been levelled to avoid vacating the room.
Learned A.G.A. has pointed out that there are other allegations also for which first information report has been registered and those offences are cognizable.
Be that as it may, considering the facts and circumstances of the case as also the nature of the allegations, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but, subject to their cooperation in the investigation, the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 26.11.2019 AKShukla/-