Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1506 of 2019 Petitioner :- Brijbhan Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadhesh Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondent nos. 1, 2 & 3 and perused the record.
The instant petition seeks quashing of the first information report 28.12.2018 registered as Case Crime No. 154 of 2018 under Sections 323, 504 I.P.C. and Section 3(1)(da), 3(1)(dha) S.C./S.T. Act, Police Station-Uska Bazar, District- Siddharthnagar.
The contention of the learned counsel for the petitioner is that the petitioner is a government servant and he has been falsely implicated on account of political motives as the wife of the petitioner no. 1 happens to be Sabha Sad of the area. It has also been stated that there is no injury report in support of the prosecution case.
The learned A.G.A. has opposed the prayer to quash the F.I.R. on the ground that it discloses the commission of cognizable offence and it is a matter of investigation as to whether the petitioners are involved or not.
As it is well settled that the defence of the accused is not to be considered at this stage, we decline to quash the F.I.R. which discloses commission of cognizable offence.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by directing that the investigation of the aforesaid case may go on but the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 22.1.2019 sweta