Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16144 of 2019 Petitioner :- Vineet And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Pandey,R.V. Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri A.K.Pandey, learned counsel for the petitioners, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 29.4.2019, registered as Case Crime No.138 of 2019, under Sections 376, 504, 506 I.P.C., Police Station Sarai Akil, District Kaushambi.
It has been submitted by the petitioners that the petitioners are innocent and have been falsely implicated in the present case due to old enmity. He further submits that the impugned FIR has been lodged by respondent no.3 against the petitioners along with other family members in counter-blast to the NCR lodged by petitioner no.3 against the respondent no.3 along with other family members regarding civil dispute of Sahan. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos. 2 & 3, hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos.2 &3 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Vivek Varma,J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019/NS