Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 1845 of 2019 Petitioner :- Ramdev Prajapati And 20 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abhishek Kumar Chaubey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.127 of 2018, under Sections 147, 148, 307, 332, 353, 34 of India Penal Code and 7 Criminal Law (Amendment) Act, 1932, 3 and 4 Prevention of Damage to Public Property Act, 1984, P.S. Anpara, District Sonebhadra.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners; contention is that with regard to the same incident there are two first information reports, one FIR was lodged by the Hindalco Industries which was registered as Case Crime No.126 of 2018 against which the present petitioners had filed a writ petition before this Court being Criminal Misc. Writ Petition No.1711 of 2019 in which the indulgence was granted to the petitioners and the writ petition was disposed of with the direction that till the submission of police report under Section 173 (2) Cr.P.C. the petitioners will not be arrested; further contention in the present writ petition is that with regard to the same incident the S.H.O. of the concerned police station has lodged the first information report against which the present writ petition has been preferred by the same petitioners; much reliance has been placed on the averments made in paragraph nos.16, 17, 18 and 19 of the writ petition; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioners shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible.
Order Date :- 31.1.2019 R./