Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 4809 of 2019 Petitioner :- Jamaluddin And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamal Kishor Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Kamal Kishor Mishra, learned counsel for the petitioners and Sri V.S.Rajbhar, the learned A.G.A.
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 29.8.2018 registered as Case Crime No.1083 of 2018 under section 3/7 E.C. Act and 420 I.P.C, P.S. Baghpat District Baghpat.
It is submitted by learned counsel for the petitioners that genesis of a dispute relates to the validity of appointment of petitioner no.2 as a teacher which eventually came to be decided in his favour in Writ-A No.48935/17 on 9.1.2018, whereas the F.I.R lodged by respondent no.3 is malafidely motivated for the reason that during pendency of the said petition he was made to appear personally before the writ court hence the same be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, 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 :- 22.2.2019 RS