Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1965 of 2019 Petitioner :- Mithilesh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manvendra Narain Pathak Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Manvendra Narain Pathak, learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 20.12.2018, registered as Case Crime No.235/2018, under Sections 323/504/506 IPC and 3(1)(dha) of the SC/ST Act, P.S. Khukhundu, Deoria.
It is submitted by learned counsel for the petitioners that the FIR does not allege any caste-abusive-words, the same is malafidely motivated, no offences are made out, the impugned FIR is liable to be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused. However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C, subject to their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 29.1.2019 Chandra