Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 5035 of 2018 Petitioner :- Taufeeq And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tawvab Ahmed Khan Counsel for Respondent :- G.A.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Heard Sri Tawvab Ahmed Khan, learned counsel for the petitioners, Sri Sagir Ahmad, learned AGA for the respondent nos. 1, 2 and 3 and Sri Pawan Kumar Mishra holding brief of Sri Pranjal Mehrotra, learned counsel for the Paschimanchal Vidyut Corporation who has put in appearance on behalf of the respondent no. 4.
Challenge in this writ petition is to the FIR dated 19.02.2018 given rise to Case Crime No. 82 of 2018 under Sections 353, 332, 323, 504, 506 IPC, Police Station- Hayatnagar, District- Bheem Nagar.
Learned counsel for the petitioners submits that there was no occasion for the petitioners to enter into a quarrel with the first informant, as the electricity bill had already been paid by him on 16.02.2018.
In support of the aforesaid fact, the attention of the Court was invited to the receipt showing the payment of electricity bill, copy of which has been appended as Annexure No. 3 to the writ petition. From the perusal of the FIR it also appears that the general allegations have been levelled.
Consequently, we direct the police concerned, not to arrest the petitioners in Case Crime No. 82 of 2018 till the submission of police report in terms of Section 173(2) Cr.P.C. but the petitioners shall continue to co-operate with the investigation and regularly deposit their electricity dues.
The remuneration of the Power Corporation shall be reimbursed to Sri Mishra who has appeared today.
Disposed of with the said directions.
Order Date :- 28.2.2018 S.Chaurasia