Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5329 of 2019 Petitioner :- Bhola Chauhan and another Respondent :- State Of U.P. and 2 others Counsel for Petitioner :- Shriprakash Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Shriprakash Mishra, learned counsel for the petitioners and the 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 quashing the impugned FIR dated 31.8.2018 registered as Case Crime No. 0140 under sections 3(1) of the Uttar Pradesh Gangster and Anti Social Activity (Prevention) Act, 1986 Police Station Rani Ki Saray, District Azamgarh.
Learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in the present case. The allegations levelled against them are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 26.2.2019 Ram Murti