Shiv Shankar and Another Vs State of U.P. and 3 Others

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 3172 of 2020

Petitioner :- Shiv Shankar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Munna Babu Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Dinesh Pathak,J.

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Supplementary affidavit filed today is taken on record.

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We have heard learned counsel for the petitioners and learned A.G.A.

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This writ petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the impugned First Information Report dated 17.08.2019 registered as Case Crime No. 0159 of 2019 under Section 2, 3 & 5 of Prevention of Damage to Public Property Act, 1984, Police Station Newarhiya, District Jaunpur and also for direction to the opposite parties not to arrest them in pursuance of the impugned F.I.R.

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Submission of the learned counsel for the petitioners is that the first information report lodged by the Lekhpal is in retaliation to the allegations made by the petitioners in writ petition (P.I.L. No. 422 of 2019) and contempt petition (Civil Misc. Contempt Application (Civil) No. 4350 of 2019). The submission is that the first information report has been lodged on the pressure of illegal encroachers of the land, which is public utility land recorded as pond in the revenue records.

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Be that as it may, looking to the allegations in the first information report, though we do not find it a fit case for interference as the first information report discloses commission of a cognizable offence but it is provided that the petitioners shall not be arrested in the aforesaid case till submission of the police report under Section 173(2) Cr.P.C. subject to their co-operation in the investigation.

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The writ petition is disposed of.

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Order Date :- 3.3.2020

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nd

Shiv Shankar and Another v. State of U.P. and 3 Others

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Shiv Shankar and Another v. State of U.P. and 3 Others

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