Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31176 of 2018 Petitioner :- Dinesh Pratap Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishan Kumar Triwari Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This petition has been filed by the petitioners with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No. 531 of 2018, under sections-3/5 of Prevention of Damages to Public Property Act at P. S.-Mauaima, district-Allahabad.
It has been submitted by learned counsel for the petitioners that the dispute between the parties is essentially of civil nature and the impugned F. I. R. has been lodged by the respondent no. 4 containing absolutely false and concocted allegations for the purpose of harassing the petitioners, which are palpably false and not supported by any credible evidence, hence the impugned F. I. R., which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned F. I. R. as well as the other material brought on record, we dispose of this writ petition with the direction that the investigation of the aforesaid case shall go on but the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to their extending full cooperation in the investigation.
Order Date :- 31.10.2018 HR