Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 1326 of 2019 Petitioner :- Urmila Singh And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brij Raj Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Shri Brij Raj, learned counsel for the petitioners and Shri Amit Sinha, learned AGA for the State respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 30.12.2018 in respect of Crime No.0344 of 2018 for the offence under Sections 147, 323, 504, 506 of I.P.C. and under Section 3 (1) (r) & (s) of SC/ST Act, P.S. Jansa, District Varanasi.
Learned counsel for the petitioners submits that even if the entire allegations are taken as it is on their face value, it is apparent that the dispute in question, is purely of civil nature. He further submits that a civil suit has already been filed by the complainant, which is pending adjudication, but to pressurize the petitioners in the said suit, totally a false report has been lodged.
On the other hand, learned A.G.A. opposes the petition.
Considering the nature of the allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173 (2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 21.1.2019 RKK/-