Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 4606 of 2019 Petitioner :- Sandeep Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bipin Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Bipin Kumar Tripathi, learned counsel for the petitioners and Sri P. Maurya, learned A.G.A. for the State- respondent.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 15.01.2019 in respect of Crime No. 9 of 2019 for the offence under Sections 332, 353, 427, 504, 506 of I.P.C. P.S. Atrauliya, District Azamgarh.
Learned counsel for the petitioners submits that complainant, Ran Vijay Verma is working as Cane Supervisor and is in a habit of extracting money from the poor farmers. On 09.01.2019, he demanded money from the farmers including petitioner no. 1 for which a report was lodged to District Cane Officer on 09.01.2019 itself. As a counterblast, present FIR has been lodged after six days delay without explaining the said inordinate delay. He submits that if the petitioners are arrested, they would suffer an irreparable loss.
On the other hand, learned A.G.A. opposes the petition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 21.2.2019 AKK/Anand