Inder Mani Verma Vs State of U.P. and 3 Others

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 3355 of 2019

Petitioner :- Inder Mani Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mayank Yadav,Vivek Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.

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Heard learned counsel for the petitioner and Sri S.R. Pandey, learned A.G.A.

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This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 10.01.2019 as Case Crime No. 62 of 2019, under Sections 467, 471, 448, 323, 307, 504, 506 IPC, P.S. Kotwali City, Bijnor.

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It is submitted by learned counsel for the petitioner that the dispute initially is civil in nature regarding occupation of an accommodation by respondent no.4, parties are closely related, impugned FIR has been lodged, on false / mischievious / vexatious allegations coupled with the fact that no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence, the impugned FIR is liable to be quashed.

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Per contra, the learned A.G.A has opposed the submission.

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After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing the FIR is refused. However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.

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With this direction, this petition is finally disposed of.

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Order Date :- 8.2.2019 Shahid

Inder Mani Verma v. State of U.P. and 3 Others

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Inder Mani Verma v. State of U.P. and 3 Others

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