Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 4620 of 2019 Petitioner :- Neeraj Pandey @ Vakil Pandey And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bindu Kumari Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Ms. Bindu Kumari, learned counsel for the petitioners and Sri J.K. Upadhyay, learned A.G.A. for the State.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 1.11.2018 in respect of Crime No. 0121 of 2018 for the offence under Sections 147, 323, 506, 452 I.P.C., P.S. Karma, District-Sonbhadra.
Learned counsel for the petitioners submits that they have been falsely implicated as there was some dispute between the accused Manoj Mishra and the complainant Santosh Mishra, who are real brothers. It has been argued that the injury sustained by Santosh Mishra and his wife are simple in nature.
On the other hand State counsel opposes the petition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 28.2.2019 SK/Mohit