Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31348 of 2018 Petitioner :- Priy Vrit Mishra And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 17.10.2018 registered as Case Crime No. 520 of 2018 under Sections 147, 148, 504, 427, 448 IPC and 3 of the Prevention of Damages of Public Property Act 1984, Police Station Gandhi Park, District Aligarh.
It has been submitted by the learned counsel for the petitioners that the dispute between the parties is purely of civil in nature and a civil suit which has been filed by the petitioner No.1 has yet been pending before the Civil Judge (Senior Division) Aligarh. It has next submitted that the impugned FIR lodged by respondent No. 4 against the petitioners containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. He next submitted that apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, is liable to be quashed.
Per contra, learned A.G.A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioners.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioners and the nature of the allegations made in the F.I.R., it is directed that till submission of police report under Section 173(2) Cr.P.C., the petitioners shall not be arrested in the aforesaid case subject to their extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 31.10.2018 Pr/-