V.K.SHUKLA,J. - (1.) Ajeet Singh Chauhan and two others are before this Court with the request to quash the FIR dated 28.07.2015 registered as Case Crime No.0489 of 2015 under Sections 147, 332, 353, 420, 467, 468, 471, 504, 506 IPC, P.S. Sector -19 Noida, District Gautam Budh Nagar (Noida).
(2.) The factual situation that is so emerging in the present case is that a first information report has been lodged by respondent no.4 -Bhagmal Singh, Junior Engineer Work Circle -3, Noida against the petitioners on 28.07.2015 at about 11:00 p.m. alleging the incident dated 28.07.2015, under Sections 147, 332, 353, 420, 467, 468, 471, 504, 506 IPC at Police Station Sector -49, Noida, Gautam Budh Nagar, which was registered as Case Crime No.0489 of 2015. From the reading of the First Information Report, the following allegations against the petitioners have been made: - (i) Plot Khasra Nos. 1221, 1222, 1223, 1224 and 1227 of Village Baraula is in notified area of Noida Authority. On these Khasra numbers, the construction of building is being made without getting an sanction order. (ii) The flats which are being made of the said land are being sold after making confusing advertisement and after deceiving the general public. (iii) In Civil Misc. Writ Petition No.26869 of 2008, Phool Singh and others vs. State of U.P. and others, order passed by this Hon'ble Court is being violated and the construction is being made in violation of the order passed by this Hon'ble Court in the aforesaid writ petition. (iv) On 28.07.2015, Sri Subhash Chand Yadav, Tehsildar, Noida, Sri R.S. Yadav, Project Engineer Work Circle -3, Sri Muneshwar Tyagi, Assistant Project Engineer Work Circle -3, Sri S.P. Singh, Police Inspector Noida, Sri Ajay Chauhan, Sub Inspector and other Police force of Noida Authority have gone on the spot and the construction work is stopped and during this course, the petitioners alongwith 5 to 7 persons having lathis has come and then have abused and manhandled and threatened to kill and made interference in public duty and also said that construction work ill not be stopped and what you want, you may do, as such they have committed offence under Sections 120 -B, 147, 332, 335, 420, 504 and 506 IPC.
(3.) Petitioners are contending before this Court through their Senior Counsel - Shri H.R. Mishra, Advocate, ably assisted by Shri Rajeev Sawhney, Advocate that Officers of NOIDA Authority have transgressed and overstepped their jurisdiction in stopping constructions and petitioners have full freedom to make constructions on the spot and as such, to conceive of a situation that any offence has been committed by them, is too far fetched and accordingly, this Court should come to the rescue and reprieve of the petitioners.;