Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37380 of 2018 Petitioner :- Satyendra Kumar Mishra And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Girish Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Girish Kumar Gupta, learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 03.12.2018 registered as case crime no. 1360 of 2018, under Sections 323, 504, 506, 354 IPC, P.S. Cantt., District -Varanasi.
It is submitted by learned counsel for the petitioners that parties are closely related, F.I.R. is malafidely motivated as the informant is went upon compelling the petitioners to vacate the specified portion of the property in dispute. Hence, impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner. As far as the question of lack of evidence in support of the allegation made in the impugned FIR is concerned the same shall be collected during investigation and 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 and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 19.12.2018 AKT