Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30705 of 2018 Petitioner :- Om Prakash And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anoop Singh,Ashok Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
We have heard learned counsel for the petitioners and learned A.G.A.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the impugned First Information Report registered as Case Crime No.0395 of 2018, under Section 3 and 5 of Prevention of Damage to Public Property Act, 1984, Police Station Hafizganj, District Bareilly, so far as it relates to the petitioners and also for direction to the opposite parties not to arrest them in pursuance of the impugned F.I.R.
It is contended that the plot number in respect whereof allegation of unauthorized occupation has been made in the first information report was subject matter of dispute in proceedings under section 115C of U.P.Z.A. & L.R. Rules and vide order dated 31.3.2004 benefit of the petitioner being a schedule caste was extended since he was in possession since Ist May, 2002 and the proceedings were dropped and notices under section 49Ka was discharged and on the same allegations the F.I.R. has been lodged. It is submitted that once the petitioner has been found entitled to be extended the benefit being a schedule caste, no offence can be said to be made out.
Learned AGA opposed the petition.
We have gone through the allegations contained in the impugned F.I.R., which, prima facie, discloses commission of cognizable offence, as such, we are not inclined to interfere in the F.I.R.
However, in view of the facts and the allegations made in the FIR, writ petition stands finally disposed of with the direction that the petitioners shall not be arrested in the aforesaid case crime number till cogent and credible evidence is collected showing the complicity of the petitioners in the instant case or till submission of police report under Section 173(2) Cr.P.C. before the court concerned, whichever is earlier, subject to their cooperation in the investigation, which will go on and shall be brought to a logical end.
Order Date :- 29.10.2018 Shalini