Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25713 of 2019 Petitioner :- Harish Chandra Tiwari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pawankumar Dubey Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard the learned counsel for the petitioners and the learned A.G.A. for the State.
The petitioners in the present writ petition are seeking quashing of the F.I.R. dated 20.06.2019 registered as Case Crime No. 169 of 2019, under Sections 419, 420, 467, 468, 471 and 504 IPC, Police Station Sidhari, District Azamgarh with a further prayer not to arrest him in pursuance of the said first information report.
The allegation in the FIR is that petitioners have illegally occupied the land of the respondent no.3 by playing fraud.
The submission of the learned counsel for the petitioners is that in respect of the land in question a civil suit for cancellation of the sale deed has also been filed which is stated to be pending. It is further submitted that the dispute is purely a civil dispute and petitioners have falsely been implicated in the present case only to harass them.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offence is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 17.12.2019 N Tiwari