Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30328 of 2018 Petitioner :- Hasan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sati Shanker Tripathi,A.K. Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,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 10.09.2018 registered as Case Crime No. 673 of 2018, under Sections 147, 148, 323, 452, 504, 506, 420, 467, 468, 471, 342 IPC, P.S. Khoda, District Ghaziabad.
It is submitted by learned counsel for the petitioners that the only allegation in the FIR is that the petitioners have dispossessed the respondent no. 4 from the land in dispute and further argued that the dispute between the parties are of civil nature. He next submitted that 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 :- 26.10.2018 RPD