Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34350 of 2018 Petitioner :- Vikram Singh And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bal Krishna Pandey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Bal Krishna Pandey for the petitioner and A.G.A. for State of U.P.
This writ petition has been filed for quashing the FIR dated 30.10.2018 (registered as Case Crime No. 486 of 2018), u/s 147, 148, 352, 504, 506 IPC, P.S. Syana, district Buland Shahar.
A perusal of the FIR shows that allegation has been made that in pursuance of the order of the Court dated 1.1.2018, the informant took possession over the disputed plot nos. 47, 54 and 60 on 24.7.2018, but in a high handedness manner, the accused irrigated the land and at the house, they abused and threatened to kill them.
Counsel for the petitioners submits that no possession was taken through the process of Court. The incident is alleged to have taken place on 24.7.2018 and FIR was lodged on 30.10.2018 and there is no explanation of delay.
A perusal of the FIR shows that it discloses cognizable offence, as such, at this stage, it cannot be quashed.
However, it is provided that the petitioners shall not be arrested in pursuance of FIR dated 30.10.2018 (registered as Case Crime No. 486 of 2018), u/s 147, 148, 352, 504, 506 IPC, P.S. Syana, district Buland Shahar, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
Order Date :- 29.11.2018 Jaideep/-