Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33870 of 2018 Petitioner :- Ram Swaroop Chaudhary And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Saran Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar 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 the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 24.06.2017 registered as Case Crime No. 231 of 2017, under Sections 406, 420, 467, 468, 471, 120-B I.P.C., P.S.- Naujhil, District- Mathura.
It is submitted by the learned counsel for the petitioners that impugned FIR is a product of dispute between two rival communities claiming effective control of the affairs of Bajana Intermediate College, Bajana, District Mathura. It is next submitted that petitioner no.1 is continuously functioning as manager of the Committee of Management of the institution since 2005. It is further contented that one Roop Singh has also claimed himself to be manager and filed complaint against the petitioners. Complaint was found to be false in the enquiry report dated 11.2.2016 filed as Annexure no.3 to the writ petition, therefore, Roop Singh got the F.I.R dated 24.6.2017 lodged through respondent no.4 against the petitioners.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 27.11.2018 SKD