- (1.) BY means of this writ petition, the petitioners have sought the following reliefs: (i) To issue a writ, order or direction in the nature of certiorari quashing the impugned FIR (Annexure -1 to the writ petition) of Case Crime No.148 of 2013, under Sections 380, 323, 504, 506 IPC and Section 3(1)(X) of SC/ST Act, Police Station Bazarkhala, District Lucknow. (ii) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioners pursuant to the impugned FIR. (iii) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to refrain from using coercive measures against the petitioners."
(2.) IN this writ petition, an interim order has been passed by another Division Bench of this Court, vide order dated 10.06.2013, which is as under: "Upon perusal of the record we find that for the same very incident the petitioner has already lodged the First Information Report on 03.04.2013. The date of incident is 13.03.2013. The complainant also moved an application before the learned Magistrate concerned under Section -156(3) Cr.P.C. for necessary action. The learned Magistrate had passed an order, upon which the First Information Report has been lodged. After comparing those reports we find that to some extent the allegations levelled against each other are different, but the same happened during the course of same very incident. The matter is under investigation, therefore, we are of the view that there is no occasion to proceed for another investigation on different first information report for the same very incident. Under these circumstances we hereby stay the operation and implementation of the first information report impugned in the writ petition till the next date of listing. Four weeks time as prayed by leaned A.G.A. is allowed to file counter affidavit. List thereafter."
(3.) A short counter affidavit has been filed on behalf of the State stating therein that in this case, charge -sheet has been filed against the petitioner -Virendra Kumar Mishra. Consequently, vide order dated 15.07.2014, this writ petition was dismissed as infructuous. Thereafter the petitioners filed recall application stating therein that the charge -sheet has not yet been filed before the learned Magistrate concerned. The recall application filed by the petitioner has been allowed vide order dated 12.08.2014. Heard Sri C.B. Pandey, learned counsel for the petitioners and learned A.G.A. for the State.;