Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 24447 of 2019 Petitioner :- Kirtan Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Namit Kumar Sharma,Ajeet Kumar Chaurasiya Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned AGA for the State and perused the record.
The present petition has been filed with the prayer to quash the F.I.R. dated 19.11.2019, in Case Crime No. 180 of 2019, under sections 323, 504, 506 IPC and section 3(1)(D) SC/ST (Prevention of Atrocities) Act, 1989, P.S. Rajapur, District Chitrakoot.
It is contended that the F.I.R. dated 19.11.2019 is a counter- blast to the F.I.R. lodged by the petitioner no. 1 on 16.06.2019 as the first informant tried to encroach upon the land and tube- well installed by the petitioner.
Looking to the allegations and the F.I.R., this Court does not find any reason to quash the F.I.R., however, it is directed that the petitioners shall not be arrested till submission of the police report under section 173(2) Cr.P.C. They shall, however, cooperate in the investigation and shall not try to manipulate or threaten the witnesses.
The writ petition is disposed of accordingly.
Order Date :- 28.11.2019 Bhanu