Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36982 of 2018 Petitioner :- Osama Hafiz Akhtar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Zafar Abbas,Aqeel Ahmad Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Zafar Abbas, learned counsel for the petitioners and Sri J.K. Upadhyay, learned A.G.A. for the respondent nos. 1 & 2.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 05.12.2018 in respect of Case Crime No. 227 of 2018 for the offence under Sections 323, 504 I.P.C. and Section 3 of Prevention of Damages to Public Property Act, 1984, P.S. Phulpur, District Azamgarh.
Learned counsel for the petitioners submits that they have never encroached upon any Government land and as the Government land is adjacent to the petitioners' land, false allegations have been made against them. It has been argued that dispute, if any, is purely of civil/revenue nature and proper proceedings can be drawn against the petitioners but unfortunately criminal colour has been given to civil dispute.
On the other hand learned A.G.A. 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 :- 18.12.2018 S.K.