Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 36225 of 2018 Petitioner :- Gulzar Khan And 9 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ganesh Shanker Srivastava,Ram Dular Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 06.11.2018 registered as Case Crime No. 334 of 2018, under Sections 323, 504, 506, 406, 420, 467 and 468 I.P.C., P.S. Jaitpura, District Varanasi.
Learned counsel for the petitioners submitted that the impugned F.I.R. has been lodged by the respondent no. 3 during the pendency of the second appeal before this Court in respect of the same property which is the subject matter of the second appeal which has been filed by the heirs of the petitioners' vendor. Moreover apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioners' complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 18.12.2018 SA