Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37665 of 2018 Petitioner :- Pawan Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Babu Vaish Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 29.03.2018 registered as Case Crime No. 339 of 2018 under sections 420, 467, 468, 471 I.P.C, P.S. Kotwali Shahar, District Bulandshahar.
It is submitted that dispute is civil in nature as the same is pending before the Civil Court as OS No. 217 of 2014 in which there is already an order of statusquo between the parties, criminality is deliberately assigned. The allegations levelled against him are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, hence, the same be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 21.12.2018 AKT