Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37632 of 2018 Petitioner :- Pintu Mishra And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Achyuta Nand Pandey 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, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the proceedings of Case Crime No.592 of 2017, under Sections 147, 332, 504, 506 IPC & 7 Criminal Law Amendment Act, PS Karchhana, District Allahabad.
It is submitted by learned counsel for the petitioners that the impugned FIR has been lodged, on false / mischievious / vexatious allegations coupled with the fact that no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence, the impugned FIR is liable to be quashed. He further claims parity with the order dated 30.10.2018 in Criminal Misc. Writ Petition No.31050/2018 whereby protection was also granted to co-accused Surya Prakash Pandey and others.
Per contra, the learned A.G.A has opposed the submission, but does not dispute the claim on parity.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 20.12.2018/Chandra