Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25757 of 2019 Petitioner :- Rukampal And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Anil Kumar, learned counsel for the petitioners and the learned A.G.A. for the State-respondent.
The petitioners in the present writ petition are seeking quashing of the F.I.R. dated 25.11.2019 registered as Case Crime No.363 of 2019, under Sections 147, 149, 323, 504, 506 I.P.C. and 3 (1) (Da) 3 (1) (Dha) S.C./S.T. Act, Police Station Ganjdundwara, District Kasganj with a further prayer not to arrest them in pursuance of the said first information report.
As per allegations made in the F.I.R. lodged by respondent no.3, on 24.11.2019 at about 2.00 P.M. when the complainant was present at his house the petitioners entered the house and used caste related words. It is alleged that the petitioner is said to have threatened the informant and cultivated the field by tractor. Upon objection, the petitioner assaulted the informant and his family members with lathi, as a result of which, they received injuries.
Learned counsel for the petitioners contended that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioners. The petitioners neither went at the house of the informant nor they used any filthy language. The petitioners have not committed any such type of offence as alleged in the F.I.R. It is further contended that due to party bandi, the present F.I.R. has been lodged just to harass the petitioners, hence, the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 18.12.2019 Ajeet