Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 24166 of 2017 Petitioner :- Mehadi Hasan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dileep Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Krishna Murari,J.
Hon'ble Akhilesh Chandra Sharma,J.
We have heard learned counsel for the petitioners and learned A.G.A.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the impugned First Information Report registered as Case Crime No. 598 of 2017, under Sections 323, 504, 506, 427, 452, 379, 419, 420, 467, 468 and 471 I.P.C., Police Station Pateharwa, District Kushinagar so far as it relates to the petitioners and also for direction to the opposite parties not to arrest them in pursuance of the impugned F.I.R.
It is contended that the allegation made in the F.I.R. that the mutation was obtained fraudulently is not borne out from the record in as much as exparte order which though has been set aside and vide order dated 30.01.2017, mutation application has been restored but there is neither any finding nor any evidence to substantiate the allegation. It is further submitted that the facts whereupon the impugned first information report has been lodged are purely civil in nature and does not give rise to any criminal liability.
Learned AGA opposed the petition.
We have gone through the allegations contained in the impugned F.I.R., which, prima facie, discloses commission of cognizable offence, as such, we are not inclined to interfere in the F.I.R.
However, in view of the facts and the allegations made in the FIR, writ petition stands finally disposed of with the direction that the petitioners shall not be arrested in the aforesaid case crime number till submission of police report under Section 173(2) Cr.P.C. before the court concerned subject to their cooperation in the investigation, which will go on and shall be brought to a logical end.
Order Date :- 7.11.2017/Dcs