Allahabad High Court
Ram Kripal And 7 Others vs State Of U.P. And 3 Others on 13 January, 2020
Bench: B. Amit Sthalekar, Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 375 of 2020 Petitioner :- Ram Kripal And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Shankar Shukla Counsel for Respondent :- G.A. Hon'ble B. Amit Sthalekar,J.
Hon'ble Shekhar Kumar Yadav,J.
Heard the learned counsel for the petitioners and the learned A.G.A. for the State.
The petitioners in the present writ petition is seeking quashing of the F.I.R. dated 07.11.2019 registered as Case Crime No. 0518 of 2019, under Sections 147, 452, 323, 504 I.P.C. and 3(1)(da), 3(1)(dha) S.C./S.T. Act at Police Station Mugra Badshahpur, District Jaunpur with a further prayer not to arrest them in pursuance of the said First Information Report.
As per F.I.R. version petitioners were getting a pit dug over informant's land in dispute for constructing a toilet. When informant's wife and daughter-in-law forbade them, petitioners and co-accused beaten them up, hurling abuses and when informant's son came to intervene, the accused persons beat him also with lathi-danda. On the neighbours reaching there, accused persons fled away hurling abuses with caste indicative words and threatening to beat them.
Learned counsel for the petitioners submitted that they have not committed any offence as alleged in the F.I.R. Earlier on filing this F.I.R. the respondent no.4 has filed an application under Section 156 (3) Cr.P.C. with the same allegations. Dispute is purely of civil nature in regard to which civil suits have been filed by both the parties. Petitioners have been falsely implicated with false, frivolous and fabricated allegations with a view to harass them. Hence, present F.I.R. may be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the First Information Report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 13.1.2020 SY