Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 36864 of 2018 Petitioner :- Usman Mohd. Qureshi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 16.10.2018 registered as Case Crime No. 956 of 2018, under Sections 188, 288, 420 I.P.C. and Section 3 of the Prevention of Damage to Public Property Act, 1984 and Section 7 of the Criminal Law (Amendment) Act, 1932, P.S- Bisrakh, District- Gautam Budh Nagar.
It is contended by the learned counsel for the petitioners that the lodging of the impugned F.I.R. by the respondent no. 3 against the petitioner was preceded by lodging of another F.I.R. by him against 19 persons including the petitioners which was challenged by them in Criminal Misc. Writ Petition No. 21247 of 2018 connected with Criminal Misc. Writ Petition Nos. 21423 of 2018 and 21426 of 2018 which were finally disposed of by this Court by order dated 13.08.2018 (Annexure-5) with the observation that the apprehension of the petitioners that the police is going to arrest them and action would be taken against them, is untrue. He next submitted that the impugned F.I.R. is the second F.I.R. on the same set of facts and in respect of the same offences which is barred in view of the law propounded by the Apex Court in the case of T. T. Antony Vs. State of Kerala (2001) 6 SCC 181.
The submission made by learned counsel for the petitioners, prima facie appears to have some substance. The matter requires consideration after receiving response from the opposite party.
Learned A.G.A. has accepted notice on behalf of respondent nos. 1 and 2. He prays for and is allowed four weeks' time to file counter affidavit.
Issue notice to respondent no. 3 who may also file his counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter. List this matter after six weeks before appropriate Bench.
Until further orders, further proceedings against the petitioners pursuant to the impugned F.I.R. dated 16.10.2018 registered as Case Crime No. 956 of 2018, under Sections 188, 288, 420 I.P.C. and Section 3 of the Prevention of Damage to Public Property Act, 1984 and Section 7 of the Criminal Law (Amendment) Act, 1932, P.S- Bisrakh, District- Gautam Budh Nagar shall remain stayed.
Order Date :- 18.12.2018 AK Pandey