Allahabad High Court
Dev Raj Singh vs State Of U P And 2 Others on 15 October, 2020
Bench: Manoj Misra, Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 10707 of 2020 Petitioner :- Dev Raj Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondent nos.1 and 2; and perused the record.
The instant petition seeks quashing of the First Information Report dated 08.07.2020 registered as Case Crime No.715 of 2020, under Sections 188, 447, 448 I.P.C. and Sections 14(1) & 26 U.P. Urban Planning and Development Act, 1973, Police Station - Naubasta, District - Kanpur Nagar.
The contention of learned counsel for the petitioner is that insofar as the offence punishable under Sections 447, 448 I.P.C. are concerned they are not made out because the constructions have been raised on private land and not on government land and otherwise also it is not alleged in the impugned first information report that any notice was served upon the accused to vacate the possession. In respect of an offence punishable under Section 14(1) read with Section 26 of the U.P. Urban Planning and Development Act, 1973, it is submitted that there is a specific procedure with regard to prosecution for those offences and otherwise also those offences are not cognizable. As regards an offence punishable under Section 188 I.P.C., the learned counsel for the petitioner submits that the same is bailable offence. It has also been urged by the learned counsel for the petitioner that the allegations are not correct.
As to precisely what offence was committed can be better ascertained after completion of the investigation. As, prima facie, a cognizable offence punishable under Section 188 I.P.C. is disclosed by the impugned first information report, the impugned first information report cannot be quashed.
However, keeping in mind that the offence punishable under Section 188 I.P.C. is bailable and insofar as the other offences are concerned, the applicability of the charging sections would depend upon the material that may be collected during the course of investigation, we deem it appropriate to dispose off this petition by providing that investigation of the above case shall continue and brought to its logical conclusion but subject to the petitioner's co-operation in the investigation, he shall not be arrested till submission of police report under Section 173 (2) CrPC.
Order Date :- 15.10.2020 Atul