Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36990 of 2018 Petitioner :- Jay Prakash And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suneel Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Suneel Kumar Yadav, learned counsel for the petitioners and Sri Amit Sinha, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 20.08.2018 in respect of Case Crime No. 0226 of 2018 for the offence under Sections 147, 148, 149, 307, 342 of I.P.C. and 7 Criminal Law Amendment Act, P.S. Sahpau, District Hathras.
Learned counsel for the petitioners submits that espousing the cause of villagers, the entire village was protesting but unfortunately few of them have been named in the FIR. He submits that for the same cause of action, two FIRs have been lodged, one by the government official and the other by the contractor, which is the present one. It has been argued that in the FIR, lodged by the government official, protective order has already been passed in favour of the petitioners.
On the other hand, learned A.G.A. opposes the petition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 20.12.2018 RK