Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1488 of 2019 Petitioner :- Kallu Chaubey @ Dev Narayan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bharat Bhushan Dubey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for respondent nos. 1, 2 & 3 and perused the record.
The instant petition seeks quashing of the F.I.R. dated 14.10.2018 registered as Case Crime No. 998 of 2018, under Sections 147, 148, 149 & 307 I.P.C., Police Station-Kotwali Auraiya, District-Auraiya.
The first information report alleges that upon receipt of information that two group of persons were in conflict with each other, the police reached the spot and arrested three persons and, on the basis of information gathered, lodged first information report against as many as 14 persons including the petitioner.
The submission of learned counsel for the petitioner is that there is no specific allegation against the petitioner of firing at any person and that he has also not been apprehended on the spot and the dispute does not relate to the land of the petitioner and he has been falsely implicated.
As the issues raised are factual in nature and would have to be investigated keeping in mind that the FIR alleges indiscriminate firing between two group of persons, we decline to quash the F.I.R. which discloses commission of cognizable offence. However looking to the facts of the case as also the claim that no injury has been caused to any person, we deem it appropriate to dispose off this writ petition by providing that investigation shall continue but the petitioner shall not be arrested till collection of credible evidence/information with regard to petitioner's involvement in the aforesaid case or till submission of police report under Section 173(2) Cr.P.C., whichever is earlier.
Order Date :- 22.1.2019 sweta