Allahabad High Court
Ram Prakash Maurya And 3 Others vs State Of U.P. And 3 Others on 25 February, 2020
Bench: B. Amit Sthalekar, Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 3398 of 2020 Petitioner :- Ram Prakash Maurya And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pushkar Kushwaha,P.K. Singh Counsel for Respondent :- G.A. Hon'ble B. Amit Sthalekar,J.
Hon'ble Ali Zamin,J.
Heard Sri Pushkar Kushwaha, learned counsel for the petitioners and the learned AGA for the State.
This petition has been filed seeking quashing of the FIR dated 15.02.2020 registered as Case Crime No.0035 of 2020, under Sections 323, 504, 354-B IPC, and Section 3 (1)r S.C./S.T. (Prevention of Atrocities) Act, Police Station Adalhat, District Mirzapur with a further prayer not to arrest the petitioners in pursuance of the said FIR.
The allegation in the FIR, lodged by the respondent no.4 is that the petitioners were connecting their sewer line into the water pine line of the informant forcibly and on resistance they have also beaten the informant and her husband.
The submission of the learned counsel for the petitioners is that the petitioner no.3, who is the Pradhan of the Village was making a drainage system in the village and construction of pathway over the Plot No.905. It is further submitted that the informant has broken the pipeline of sewer of the village and when the same has been opposed by the petitioners the present impugned FIR has been lodged making false allegations against them, hence the impugned FIR is liable to be quashed.
Per Contra, learned AGA has submitted that from perusal of the allegations made in the impugned F.I.R. it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information report as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of a certified copy of this order.
Order Date :- 25.2.2020 N Tiwari