Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5050 of 2019 Petitioner :- Babloo @ Dileep And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Maurya Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned AGA for the respondent nos. 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 30.01.2019 registered as Case Crime No. 0073 of 2019 at Police Station Pipraich, District Gorakhpur, under Sections 341, 147, 186, 353 IPC and Section 7 of Criminal Law Amendment Act.
The allegation in the impugned first information report is to the effect that the former Pradhan of the village and his supporters blocked the road to protest against government and in that connection there was road jam, etc. The petitioners amongst others are named in the FIR.
The contention of learned counsel for the petitioners is that the petitioners are innocent and they have been falsely implicated only because they are relatives of Ramagya (ex-gram pradhan). It is contented that there is no specific allegation against the petitioners.
Be that as it may, from the allegations, it cannot be said that no offence is disclosed by the impugned first information report therefore the prayer of the petitioners to quash the first information report is rejected.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition, by providing that the investigation of the case shall continue and be brought to its logical conclusion, but, subject to their co-operation in the investigation, the petitioners shall not be arrested in the aforesaid case, till the submission of police report under Section 173 (2) Cr.P.C.
Order Date :- 25.2.2019 Lbm/-