Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5458 of 2019 Petitioner :- Kanchan And 12 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Kumar Srivastava,Brijesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the First Information Report dated 15th January, 2019 registered as Case Crime No.0015 of 2019, under Sections 147, 148, 149, 307, 336 and 504 IPC and Section 31(A) Criminal Law Amendment Act, 1934 at Police Station Jasrana, District Firozabad.
The allegation in the impugned First Information Report is that while construction of shop was being carried out under police protection, 15 named and 10-12 unnamed accused arrived at the spot, obstructed raising of construction and also fired. It is alleged that bricks and stones were pelted at the police party including other persons who were raising construction.
Learned counsel for the petitioners has sought to argue that there had been an order of Sub-Divisional Officer, Jasrana to stop raising construction and therefore raising of construction was an un-authorized act.
It has not been demonstrated as to under which provision of law, the Sub-Divisional Officer had directed stoppage of construction. It is also not disclosed that any civil proceeding was pending between the parties in which stay order was passed in favour of the petitioners.
In view of the above, the impugned First Information Report cannot be quashed as it discloses commission of cognizable offences. The petitioners are at liberty to apply for bail.
With the aforesaid observation, the petition is disposed off.
Order Date :- 28.2.2019. Rks.