Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 1958 of 2019 Petitioner :- Durgpal And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Omvir Singh Rajpoot Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 6.12.2018 in respect of Crime No. 0270 of 2018 for the offence under Section 447 of I.P.C. and 3/5 of the Prevention of Damage to Public Property Act, 1984, PS. Gangiri, District Aligarh.
We have perused the F.I.R. and the documents filed along with the petition. From the F.I.R. and the documents filed in support of the petition, it is apparent that the dispute is purely of civil nature and civil proceedings are also pending.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 28.1.2019 RK