Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7240 of 2018 Petitioner :- Sharif And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brajesh Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners, learned AGA and perused the record.
This petition has been filed with the prayer to quash the impugned FIR dated 5.10.2017, which has been registered as Case Crime No. 652 of 2017, under Section 3 of the Prevention of Damages to Public Property Act, P.S. Masuri, District- Ghaziabad and further prayer is to direct the respondents, concerned, not to arrest the petitioners in pursuance of the impugned FIR and not adopt any coercive action against the petitioners.
Learned counsel for the petitioners submitted that on the basis of false allegation first information report was lodged just to harass the petitioners hence impugned FIR is liable to be quashed. He further submitted that the house situated over the land in question since forefathers of the petitioners and petitioners inherited the same. There is no gram sabha land and it is abadi and as such just to harass to the petitioners, the impugned FIR was lodged.
Learned AGA opposed the aforesaid prayer.
Considered the submissions of learned counsel for the parties. From perusal of the F.I.R., in view of the allegations made therein prima facie commission of offence is made out. Hence, there is no ground for interfering in the investigation or for quashing of the FIR.
However, considering the allegations made in the F.I.R., it is provided that the petitioners shall not be arrested in above mentioned case, till submission of police report under section 173 (2) Cr.P.C. The petitioners shall cooperate with the investigation of the case.
With the above direction, this petition is finally disposed off.
Order Date :- 23.3.2018 KU