Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5357 of 2019 Petitioner :- Bachcha Lal and 4 others Respondent :- State Of U.P. and 2 others Counsel for Petitioner :- Vinod Kumar Yadav,Shashank Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri V.K. Yadav and Sri Shashank Kumar, learned counsel for the petitioners and Sri A.N. Mulla, 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 for quashing the impugned F.I.R. dated 26.1.2019 registered as Case Crime No. 0030 of 2019 under Sections 147, 149, 323, 504, 506, 452 I.P.C. Police Station Tharwai, District Prayagraj.
It is submitted by the learned counsel for the petitioners that virtually the first informant has encroached the land of the petitioners and in order to coerce pressure upon them, he has lodged F.I.R. with absolutely false, frivolous and baseless allegations, no offence is made out, FIR be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, it cannot be said that prima facie, no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the following directions :
(i) Investigation of the aforesaid case shall go on but the petitioner nos. 4 & 5 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C, subject to their cooperation during investigation.
(ii) As far as the petitioner nos. 1 to 3 is concerned, the petition stands dismissed.
With this direction, this petition is finally disposed of.
Order Date :- 28.2.2019 Ram Murti