Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1433 of 2019 Petitioner :- Subhash Yadav And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Yadav,Mahendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Mahendra Kumar Yadav for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 5.1.2019 (registered as Case Crime No. 0012 of 2019), u/s 147, 148, 323, 354, 436, 504, 427, 429, 506 I.P.C., P.S. Mahuli, district Sant Kabir Nagar.
In substance, allegation made in the F.I.R. is that on 5.1.2018 at 03:00 p.m., due to property dispute, the accused came at the house of the informant and abused the informant and his family members. They also made some indecent act with Yashoda, wife of the informant. Then they set fire upon the hut of the informant, which was burnt, in which one goat and two chickens were also burnt.
Counsel for the petitioners submits that F.I.R. has been lodged on false allegations, inasmuch as the property dispute is admitted in the F.I.R. itself. The petitioner has moved an application dated 29.10.2018 before the S.D.O. against the brothers of informant, that they were illegally encroaching upon the land of Degree College belonging to the petitioners.
In the facts of the case, the writ petition is disposed of with direction that the petitioners shall not be arrested in pursuance of F.I.R. dated 5.1.2019 (registered as Case Crime No. 0012 of 2019), u/s 147, 148, 323, 354, 436, 504, 427, 429, 506 I.P.C., P.S. Mahuli, district Sant Kabir Nagar, till the submission of police report under section 173(2) Cr.P.C. but they shall co- operate with the investigation of the case.
Order Date :- 21.1.2019 Jaideep/-