Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20669 of 2018 Petitioner :- Sarvar Ali And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Keshari Nath Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 14.07.2018 registered as case Crime No. 420 of 2018, under Sections 147, 452, 354, 323, 506 IPC, P.S. Mundha Pandey, District Moradabad.
It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no. 3 against the petitioners with the allegation that due to land dispute on 12.07.2018 the accused persons had badly beaten him by lathi and danda and accused Sarvar Ali misbehaved with respondent no. 3 and when her husband came in rescue, he was also beaten by the petitioners. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos. 1 to 6 hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos. 2 to 6 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.) Order Date :- 31.7.2018 S.K.