Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22034 of 2019 Petitioner :- Yati Narsinghanand Sarswati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shyam Sunder,Sunil Vashisth Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 15.9.2019 registered as Case Crime No.0626 of 2019 under sections 147,148,149,427,436,188,504,506 I.P.C, P.S. Masuri District Ghaziabad.
Learned counsel for the petitioner submits that in the absence of any allegation in respect of Section 436 IPC, no offence under the said provision is made out, FIR is malafidely motivated, hence, the same be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to co-operation during investigation.
With the aforesaid direction, this petition is finally
disposed of.
Order Date :- 27.9.2019 RS