Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24222 of 2019 Petitioner :- Rajesh Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dheeraj Singh (Bohra) Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 3rd October, 2019 registered as Case Crime No.188 of 2019, under Sections 323, 420, 467, 468, 471, 392, 504 and 506 IPC at Police Station Narora, District Bulandshahar.
The contention of learned counsel for the petitioners is that although the allegations may disclose commission of cognizable offence but the accused and the informant having common ancestry, on account of property dispute, false allegations have been levelled by alleging that the petitioners had been executing sale deed in excess of their share over the property. It has been submitted that so far as the allegation of physical assault and snatching of chain is concerned, they are absolutely false and not corroborated by any medical evidence.
Be that as it may, as the allegations made in the impugned first information report disclose commission of cognizable offence, the matter would have to be investigated therefore the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose of the petition by providing that the investigation of the above case shall proceed and brought to its logical conclusion but till submission of police report under Section 173 (2) CrPC, the petitioners shall not be arrested provided they co-operate in the investigation.
Order Date :- 28.11.2019. Rks.