High CourtsDivision Bench(2018) 12 AHC CK 0018

Vrindavan And Others @APPELLANT@Hash State Of Uttar Pradesh And Others

Allahabad High Court · Decided on 5 December 2018

HON’BLE JUDGES
Ram Surat Ram (Maurya), J · Anil Kumar-IX, J
RESULT
Disposed Off
CASE NUMBER
Criminal Misc. Writ Petition No. 35034 Of 2018

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Judgment

5 paragraphs · 216 words

Heard Shri Shiv Kumar Singh, learned counsel for petitioners and learned A.G.A. for State of Uttar Pradesh.

This writ petition has been filed for quashing the F.I.R. dated 04.11.2018 registered as Case Crime No. 0446 of 2018, under Sections 147, 436, 447, 353, 352, 506, 268 I.P.C., Police Station- Mauranipur, District- Jhansi.

In F.I.R. allegation has been made that on 04.11.2018 under the orders of Deputy Collector, Kanoongo, Lekhpal, Chairman of Land Management Committee and police personnel went on the spot to demarcate Plot Nos. 873 and 874. Petitioner has made obstruction in demarcation and later on they set fire on their own house in order to falsely implicate. Thereafter, petitioners began to abuse the police personnel and revenue officers, who were present on the spot.

Counsel for the petitioners submitted that neither the police personnel nor revenue officers have made any such complaint and the present F.I.R. has been lodged on false allegation only to pressurize the petitioners.

In view of the fact of the case, this writ petition is disposed of with the direction that petitioners shall not be arrested in Case Crime No. 0446 of 2018, under Sections 147, 436, 447, 353, 352, 506, 268 I.P.C., Police Station- Mauranipur, District- Jhansi till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.