Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5363 of 2019 Petitioner :- Surendra Mani Tripathi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shahroze Khan Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 10.2.2019 registered as Case Crime No. 0017 of 2019 under sections 420, 406, 323, 504, 506 I.P.C. and Section 3(1) (Da) of SC/ST Act, P.S. Lotan District Siddarth Nagar.
It is submitted by the learned counsel for the petitioner that present F.I.R. is an outcome of an application under Section 156(3) Cr.P.C., which is malafidely motivated as a complaint to the District Magistrate has been made to the effect that the informant has been allotted Awas in Pradhan Mantri Awas Yojana twice in 2013-14 and 2017-18, first instalment tendered to the informant be cancelled, FIR is delayed by one year and the same is liable to 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 petitioner.
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 petitioner 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 :- 28.2.2019 Ram Murti