Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 29302 of 2018 Petitioner :- Ramagya And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Kishun Misra,Jiya Lal Yadav Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 27.09.2018, registered as Case Crime No.0231 of 2018, under Section 2 & 3 of Prevention of Damages of Public Property Act, 1984 read with Section 188 of I.P.C., Police Station Tarkulava, District Deoria.
It is submitted by learned counsel for the petitioners that the impugned FIR has been lodged by respondent no.4 containing absolutely false and concocted allegations. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating their complicity in the commission of the alleged crime and for the aforesaid reason the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners. Hence, the impugned FIR is not liable to be quashed.
After having heard learned counsel for the parties and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 12.10.2018 Anand Sri./-