Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2738 of 2019 Petitioner :- Sharafat and 2 others Respondent :- State Of U.P. and 3 others Counsel for Petitioner :- Vatsala Upadhyay,Manish Chandra Tiwari Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Manish Chandra Tiwari, learned counsel for the petitioners and Sri A.N. Mulla, 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 certiorari quashing the impugned FIR dated 27.12.2018 registered as Case Crime No.
293 of 2018 under sections. 332, 353, 447, 506 and 3/5 Prevention of Damage to Public Property Act 1984, P.S. Bhagatpur District Moradabad.
Learned counsel for the petitioner submits that a suit was filed by the petitioner on 14.12.2008, i.e., prior to lodging of the FIR in which injunction came to be granted on 18.12.2018, allegations are malafidely motivated, no offence is made out against the petitioners, FIR be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, 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 :- 31.1.2019 Ram Murti