Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22052 of 2019 Petitioner :- Munni Lal Yadav And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Swati Pandey,Vikas Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Vikas Mishra learned counsel for the petitioners and Sri A.N. Mulla, the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 14.9.2019 in case crime No. 0731 of 2019, under Sections 323, 504, 506 and 354 (Kha) of IPC and 3(2)(va) IPC and 3(2)(va) of SC/ST Act, 1989(Amended 2015), P.S. Handia, District Prayagraj, Allahabad.
Learned counsel for the petitioners submits that in respect of occurrence dated 15.9.2019, the relatives of petitioners lodged an FIR on 17.9.2019 against the relatives of respondent No. 3 as case crime No. 738 of 2019, under Sections 323, 506, 380, 452, 427 IPC, P.S. Handia, District Allahabad resulting in the spot arrest of the accused named therein, in retaliation thereto informant lodged the impugned FIR against the petitioners with ulterior motive with a view to coerce the petitioners to come to the terms, which is malafidely motivated to harass them. Petitioners are innocent and have been falsely implicated in the present case, no offences are made out, FIR be quashed.
Per contra, learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
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 :- 27.9.2019 AS