Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25735 of 2019 Petitioner :- Dharam Veer And Antoher Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
The petitioner in the present writ petition is seeking quashing of the F.I.R. dated 05.09.2016 registered as Case Crime No. 552 of 2016, under Sections 406, 420, 467, 468, 471, 506 I.P.C., Police Station Dankaur, District Gautam Budh Nagar with a further prayer not to arrest the petitioners in pursuance of the said first information report.
The submission of the learned counsel for the petitioners is that earlier the petitoner no.1 had filed Criminal Misc. Writ Petition no. 22867 of 2016 (Dharamveer Vs State of U.P. and others) and petitioner no.2 had also filed Criminal Misc. Writ Petition no. 21695 of 2016 (Ravi and another Vs State of UP. and others) which have been disposed of by this Court directing not to arrest the petitioners till submission of police report. It is submitted that Final Report was submitted by the Investigating Officer on 15.11.2016 but thereafter, a Protest Petition was filed by the Informant and court concerned vide order dated 09.08.2017 directed the SHO to further investigate the matter. The two petitioners anticipate that in view of the order of further investigation dated 09.08.2017, they may be arrested.
Per contra learned AGA opposed the prayer for quashing the FIR and submitted that after considering the Final Report submitted by the police, the Magistrate has rightly passed the order of further investigation.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 18.12.2019 Kirti