Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16105 of 2020 Petitioner :- Rehanul Haq @ Mohammad Rehan And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ashok Kumar Mishra,Prashant Rai Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed seeking the following relief:-
" (1) issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 06.11.2020 (Annexure No.1 to the writ petition) registered as Case Crime No.0471 of 2020, under Sections 420, 406, 467, 468, 471, 504, 506 I.P.C., Police Station-Kotwali Mandi, District-Saharanpur."
It has been submitted initially, a complaint case was registered on substantially identical facts. Subsequently, another application under Section 156(3) Cr.P.C. was filed which contains the same allegation and on its basis a first information report has been lodged against the petitioners. The second application under Section 156(3) Cr.P.C. was filed by the son mentioning a different police station.
It has also been submitted that primarily, dispute is of a civil nature and that, the two separate criminal cases have been instituted only with a view to harass the petitioners.
Learned A.G.A. has tried to oppose the submission made but has not been able to establish that the two criminal cases are on substantially different facts.
However, this Court is of the opinion that the matter requires investigation and therefore, the investigation is directed to continue and should be endeavoured to be completed as expeditiously as possible. However, it is provided that the petitioners may not be arrested till the submission of the police report under Section 173(2) Cr.P.C.
Subject to the above, the petition stands disposed of. Order Date :- 5.1.2021/Shivangi