Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25733 of 2019 Petitioner :- Sandeep Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narsingh Pandey Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Narsingh Pandey, learned counsel for the petitioner and the learned AGA for the State.
This petition has been filed seeking quashing for the FIR dated 05.12.2019 registered as Case Crime No.0216 of 2019, under Sections 419, 420, 467, 468, 504, 506 IPC, Police Station Kaptanganj, District Basti with a further prayer not to arrest the petitioner in pursuance of the said FIR.
The allegation in the FIR is that petitioner was illegally trying to take possession over the disputed land and when the informant objected, the petitioner threatened him of dire consequences.
Learned counsel for the petitioner submitted that the present case is purely civil in nature and the petitioner has falsely been implicated in the present case due to ulterior motive and malafide intention.
Per Contra, learned AGA 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.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information report 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 petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C. However, petitioner shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of a certified copy of this order.
Order Date :- 18.12.2019 Kirti