Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2374 of 2019 Petitioner :- Pappu Dubey And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Singh Yadav,Vinay Kumar Singh Counsel for Respondent :- G.A.,Hari Prakash Singh Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ajay Kumar Singh Yadav, learned counsel for the petitioners, Sri Hari Prakash Singh, learned counsel for the caveator, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 4.1.2019, registered as case crime No.4 of 2019, under Sections 429, 435, 504, 506 I.P.C. and 3(1) (da) & (dha) of the Scheduled Castes and Scheduled Tribes Castes (Prevention of Atrocities) Act, 1989, Police Station Machhali Shahar, District Jaunpur.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that there was some dispute between the parties, on account of which the impugned FIR has been lodged by respondent no.4 against the petitioners levelling absolutely false, frivolous and baseless allegations, though no offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned counsel for the caveator as well as learned A.G.A. opposed the prayer for quashing of the F.I.R. and submitted that two cows have received burn injuries but they have not died.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 29.1.2019/NS