Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 5775 of 2021 Petitioner :- Phool Singh And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.C.Srivastava,Ravitendra Pratap Singh Chandel Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
By means of the present writ petition, the petitioners herein are seeking for quashing the impugned first information report dated 28.6.2021 in case crime no. 1104 of 2021, under sections 147, 148, 149, 307, 354, 506, 504, 120-B, 34, 394 I.P.C. police station Kavi Nagar, District Ghaziabad with a further prayer not to arrest the petitioners in pursuance to the aforesaid first information report.
It is contended by the learned counsel for the petitioners that the allegations made in the first information report dated 28.6.2021 are motivated in order to put undue pressure on the petitioners, who are litigating with the respondent no. 4 for protection of their landed property. It is further submitted that the land holdings of the petitioners, who are farmers, have been acquired under the Land Acquisition Act for the Ghaziabad Development Authority which later on allotted the same to respondent no. 4.
The petitioners had challenged the acquisition proceedings by filing a writ petition along with other persons before this court, wherein the liberty was granted them to file objections under section 5-A of the Land Acquisition Act. However, the notification under section 6 of the Land Acquisition Act had not been quashed by this Court and for this reason, the petitioners approached the Apex Court, wherein while granting the liberty to the petitioners to file objections under section 5-A of the Act, further liberty was granted to file a review petition before the High Court.
The contention is that the review petition filed by the petitioners is pending and the order of rejection of their objections is subject matter of challenge in another writ petition which is pending.
Considering the above, though we do not find any good ground to quash the first information report but it is provided that the petitioners shall not be arrested till submission of the police report under section 173(2) Cr.P.C. provided they cooperate with the investigation and do not make any endeavour to influence the witnesses or tamper in evidence.
The writ petition is, accordingly, disposed of.
Order Date :- 24.8.2021 Gss