Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 15728 of 2020 Petitioner :- Muneeb And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Maurya Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed praying for the following relief:-
"a) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 19.09.2020 registered as Case Crime No.0198 of 2020, under Sections 420, 467, 468, 471, 506 I.P.C. and Under Sections 2, 3, 5 of the Prevention of Damage to Public Property Act, 1984, Police Station Mubarakpur, District Azamgarh.
b) Issue writ, order or direction in the nature of mandamus directing the respondent nos.2 and 3 not to arrest the petitioners in pursuance of the First Information Report dated 19.09.2020 registered as Case Crime No.0198 of 2020, under Sections 420, 467, 468, 471, 506 I.P.C. and Under Sections 2, 3, 5 of the Prevention of Damage to Public Property Act, 1984, Police Station Mubarakpur, District Azamgarh".
Learned counsel for the petitioners submits that the impugned First Information Report dated 19.09.2020 has been lodged by Lekhpal of Tehsil Sadar, District Azamgarh against four persons namely, Muneeb, Musafir, Rakesh and Arvind. The role of all the four persons have been shown one and the same i.e. their names were mutated as successor on death of the recorded person, namely, Rambali. Out of the aforesaid four accused, two accused persons, namely, Rakesh and Arvind have filed Criminal Misc. Writ Petition No. 14444 of 2020 (Rakesh Chauhan and another Vs. State of U.P. and 3 others) wherein they prayed for similar relief as has been sought in the present writ petition. In the aforesaid Criminal Misc. Writ Petition No. 14444 of 2020, order dated 09.12.2020 was passed, as under:-
"Learned counsel for the petitioners states that by mistake, the date of the first information report in the petition has been transcribed as 19.09.2019, it should be 19.09.2020. He prays that he may be permitted to correct the date.
Considering that the same appears to be a typographical mistake, we deem it appropriate to allow the petitioners to correct the date of the FIR in the prayer so that in place of 19.09.2019 it be recorded as 19.09.2020.
The contention of learned counsel for the petitioners is that according to the allegations, the petitioners have occupied public land by fabricating the entries. It has been submitted that the petitioners are not custodian of the records and the entries have been made pursuant to an order passed by the Court and proceedings in respect thereof are pending therefore it is a pure civil dispute which has been maliciously given colour of criminal case.
The matter requires consideration.
Learned AGA has accepted notice on behalf of respondents 1, 2 and 3.
Let notice be issued to the respondent no.4, fixing 17.02.2021. By the next date, the respondents shall file their respective counter affidavits.
List this petition on 17.02.2021.
Till the next date of listing or till submission of police report under Section 173 (2) CrPC, whichever is earlier, the petitioners shall not be arrested in Case Crime No.0198 of 2020, under Sections 420, 467, 468, 471, 506 IPC and section 2, 3 and 5 of Prevention of Damages to Public Property Act, 1984, police station Mubarakpur, district Azamgarh.
It is made clear that this court has not stayed the investigation".
The matter requires consideration.
Connect with Criminal Misc. Writ Petition No. 14444 of 2020 (Rakesh Chauhan and another Vs. State of U.P. and 3 others) and list/put up on the date fixed i.e. 17.02.2021.
Issue notice to the respondent no.4 returnable at an early date, fixing 17.02.2021.
Steps be taken by ordinary process as well as registered/speed post.
By the next date fixed, the respondents shall file their respective counter affidavits.
List this writ petition on 17.02.2021 alongwith record of Criminal Misc. Writ Petition No. 14444 of 2020 (Rakesh Chauhan and another Vs. State of U.P. and 3 others).
Interim protection, as provided in the aforequoted order, shall also be available to the petitioners.
Order Date :- 7.1.2021 T.S.