Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10750 of 2018 Petitioner :- Faujdar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ali Hasan,Istiyaq Ali Counsel for Respondent :- G.A.,Ram Prasad Kanaujiya
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Ali Hasan, learned counsel for the petitioners, Sri Sanjeev Kumar Pandey, Advocate holding brief of Sri Ram Prasad Kanaujiya, learned counsel for the private respondent, Sri N.K. Verma, learned A.G.A. for the State and perused impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 3.3.2018 registered as case crime no. 0046 of 2018, under Sections 147, 149, 504, 506, 307 IPC and Section 3(1) (da) SC/ST Act, P.S. Mariyahun, District Jaunpur.
It has been submitted by the learned counsel for the petitioners that the co- accused Manish Gupta has made fire on the victim which hit him at feet but he ran away after jumping the drainage thereafter the second fire was made by the petitioner no.1 but he has not received any injuries. The impugned FIR has been lodged by the respondent no. 3 containing absolutely false, concocted, vague and sweeping allegations against them. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence, hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos. 2 and 3 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stands dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.4.2018 AU