Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25755 of 2019 Petitioner :- Jagram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vidit Narayan Mishra Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State-respondent.
The petitioner in the present writ petition is seeking quashing of the F.I.R. dated 29.11.2019 registered as Case Crime No.1005 of 2019, under Section 3/5 Prevention of Damage to Public Property Act, Police Station Phase-II, District Gautam Budh Nagar with a further prayer not to arrest him in pursuance of the said first information report.
As per allegations made in the F.I.R. lodged by respondent no.4, the petitioner is encroaching the vacant land of Khasra No.236 of Noida Authority, which was asked to be stopped by the staff of Work Circle, but he is not stopping the said illegal activity.
Submission of the learned counsel for the petitioner is that the impugned first information report has been lodged by the complainant containing absolutely false and concocted allegations against the petitioner. The allegations made in the F.I.R. is false because the petitioner is co-owner with transferable right of the aforesaid vacant land and the same is being used as Abadi. It is further contended that the dispute is purely civil in nature, hence, the impugned F.I.R. is liable to be quashed.
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 offences is made out at this stage against the petitioner, 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 petitioner, it is directed that the petitioner 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 he 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 :- 18.12.2019 Ajeet