Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25722 of 2019 Petitioner :- Nabab Jan And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jai Singh Yadav Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
The petitioner in the present writ petition is seeking quashing of the F.I.R. dated 23.9.2018 registered as Case Crime No. 408 of 2018, under Section 147, 452, 323, 504, 352, 506 I.P.C. and Section 3(1)(D) and 3(1) (dh) of the SC/ST Act, Police Station Bhojpur, District Moradabad with a further prayer not to arrest the petitioners in pursuance of the said first information report.
The submission of the learned counsel for the petitioners is that earlier the six accused persons out of 11 have filed Criminal Misc. Writ Petition no. 28187 of 2018 (Navi Jan and others Vs State of U.P. and others) and the Court vide order dated 8.10.2018 directed that the petitioners shall not be arrested till submission of police report. It is submitted that Final Report was submitted by the Investigating Officer on 9.01.2019 but thereafter, a Protest Petition was filed by the respondent no.3/Informant and the Special Magistrate, SC/ST Act, vide order dated 12.4.2019 directed the SHO to further investigate the matter. The four petitioners anticipate that in view of the order of further investigation dated 12.4.2019, they may be arrested.
Per contra learned AGA opposed the prayer for quashing the FIR and submitted that after considering the Final Report submitted by the police, the Magistrate has rightly passed the order of further investigation.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that 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 the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 17.12.2019 Kirti