Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33841 of 2018 Petitioner :- Kamlesh Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R.B. Sahai,Amrish Sahai Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,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 26.09.2018 registered as Case Crime No. 779 of 2018, under Sections 419, 420, 467, 468, 471, 472 I.P.C. and Section 3/4 of the Damages of Public Property Act 1984, P.S. Kotwali, District Fatehpur.
Learned counsel for the petitioners submitted that the allegations made in the impugned F.I.R. are not supported by any cognizable offence. Moreover the dispute between the parties is essentially one of civil nature which the respondent no. 3 seeking to settle by taking recourse to the criminal proceedings which is bad in law. Hence the impugned F.I.R. 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 :- 27.11.2018 SA