The court rejected the petitioners' application to quash an FIR alleging forgery and cheating but directed that investigation proceed without arresting the petitioners until the police report is submitted.
Prior to arrest, investigation to proceed; police report filing required.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 4350 of 2019
Petitioner :- Devnath Prasad and 2 others Respondent :- State Of U.P. and 3 others Counsel for Petitioner :- Dilip Kumar Goswami,Sanjay Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Sanjay Singh, learned counsel for the petitioners and Sri A.N. Mulla, learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 19.12.2018 registered as Case Crime No. 0517 of 2018 under sections 471, 468, 467, 420, 419 I.P.C, P.S. Kotwali, District Ballia.
It is submitted by the learned counsel for the petitioners that the petitioners are Gond by caste, who under presidential order (Annexure-3) at serial no. 6 have been declared as Schedule Tribe for certain districts including the district in question, criminality is deliberately assigned for ulterior motives, caste certificate (Annexure-4) has not been cancelled at any point of time, FIR be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 18.2.2019 Ram Murti
2 issues framed by the court
Whether the FIR should be quashed under statutory conferred powers.
Whether directions may be issued to prevent arrest pending police report.
6 provisions across 2 enactments
Devnath Prasad
2 others
State Of U.P.
3 others
Pankaj Naqvi
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
