Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13912 of 2018 Petitioner :- Afjal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Bharti Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pankaj Bharti, learned counsel for the petitioners, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 9.5.2018 registered as case crime no. 279 of 2018 under section 420 I.P.C., police station Budhana, District Muzaffar Nagar.
Learned counsel for the petitioners submits that the present F.I.R. has been lodged on the basis of application under section 156 (3) Cr.P.C. Civil Litigation is going on between the parties.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 28.5.2018 Shiraz