Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 2184 of 2019 Petitioner :- Neeraj And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandravir Singh Raghuvanshi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 09.01.2019 in respect of Crime No. 0002 of 2019 for the offence under Section 380 of I.P.C, P.S. Shivala Kalan, District Bijnor.
As per F.I.R, documents and the pleadings made in the petition, it appears that two buffaloes of the complainant were stolen on 20.09.2017, whereas the F.I.R. is dated 09.01.2019. It appears that there was some election dispute between the parties resulting the lodging of the F.I.R.
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 :- 28.1.2019 A. Tripathi/SK