Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25501 of 2018 Petitioner :- Anil Kumar Singh And Another Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Raj Kumar Singh Chauhan,Santosh Kumar Singh Counsel for Respondent :- G.A.,Awadhesh Kumar Malviya Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Santosh Kumar Singh, learned counsel for the petitioners, Sri A. K. Malviya, learned counsel for the caveator/respondent no.5, Sri Gaurav Pratap Singh, learned brief holder appearing for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 30.06.2018, registered as case crime No.0082 of 2018, under Sections 364/511, IPC, Police Station Dildarnagar, District Ghazipur.
Learned counsel for the petitioners submits that there is civil litigation pending between the parties, in which an interim injunction has been granted in favour of petitioner no.1. He further submitted that initially FIR was lodged under Sections 364, 511 IPC, but the then investigating officer after preliminary investigation categorically mentioned in the General Diary dated 01.07.2018 (Annexure No.2 to the writ petition) that no offence under Sections 364, 511 was found and therefore, the case was converted under Sections 147, 323, 504, 506, 342 IPC, in which the petitioners were released on bail vide order dated 02.07.2018 passed by the 9th Judicial Magistrate, Ghaziapur(Annexure No.3 to the writ petition). Thereafter the matter was investigated by respondent no.4 and on his report arrest warrant was issued against the petitioner on 16.08.2018(Annexure No.4 to the writ petition). Now respondent no.3 moved an application in the court of IXth Judicial Magistrate, Ghaziabad on 28.08.2018 (Annexure No.5 to the writ petition) stating therein that the petitioners were wanted under Sections 364/511 IPC and in case they surrender, they may be taken into judicial custody, hence the present writ petition.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention.
Learned counsel for the caveator as well as learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 13.9.2018/VKG