Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2309 of 2019 Petitioner :- Badelal And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Supplementary affidavit filed today, is taken on record.
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 13.01.2019 registered as Case Crime No.41 of 2019, under Sections 147, 379, 452, 436, 504, 506 IPC, P.S.
Soraon, District Allahabad.
The allegation in the first information report is against 9 named accused and 5-6 unknown persons of putting resistance to the state action for removal of encroachment/occupation from public property.
According to the petitioners, demarcation proceedings are pending and the matter is engaging attention of the civil court and therefore they had right to resist illegal action of the state agencies.
Be that as it may, the correctness of the allegation is not to be tested, ordinarily, in writ jurisdiction. Hence, as the first information report discloses commission of cognizable offence, no case for quashing the first information report is made out.
However, looking to the nature of the allegations as also the facts of the case, 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 :- 31.1.2019 AKShukla/-