Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5432 of 2019 Petitioner :- Gokil And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Pal Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 21.07.2018 registered as Case Crime No.356 of 2018, under Section 3 of Prevention of Damage to Public Property Act, P.S. Binawar, District Budaun.
The allegation in the first information report is that the petitioners have destroyed the chak road.
As the allegation discloses commission of cognizable offence, the prayer of the petitioners to quash the first information report cannot be accepted. The defence that has been set up by the petitioners is not to be considered, at this stage, in writ jurisdiction, though, it may be taken into consideration while considering their bail prayer.
Subject to above, the petition is dismissed.
Order Date :- 28.2.2019 AKShukla/-