Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37663 of 2018 Petitioner :- Mukesh Kumar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Radhey Shyam Yadav Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Shri Radhey Shyam Yadav, learned counsel for the petitioners and the learned A.G.A.
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 17.09.2018 registered as Case Crime No. 547 of 2018, under section 379 I.P.C, P.S. Maudarwaja, District Farrukhabad.
Learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in the present case. It is further submitted that a civil dispute between the parties is pending before the Civil Court. The allegations levelled against them are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, 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 :- 21.12.2018 AKT