Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1403 of 2019 Petitioner :- Naeem And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aijaz Ahmad Khan Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Aijaz Ahmad Khan, 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 27.12.2018 registered as Case Crime No.1332 of 2018, under sections 147, 149, 336, 332, 353 I.P.C and 7 Criminal Law Amendment Act, P.S. Civil Lines, District Moradabad.
It is submitted by learned counsel for the petitioners that the FIR is malafidely motivated inasmuch as the Assistant Survey Commissioner (Waqf) Moradabad, in his report dated 15.4.2011 indicates that graveyard and a mosque stands recorded in Khasra No. 1069, whereas allegedly toilets as a part of Swacchh Bharat Abhiyan were being sought to be constructed near the said premises for ulterior motives, F.I.R, is liable to be quashed.
Learned A.G.A, 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, 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 :- 22.1.2019 N.S.Rathour