Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13833 of 2018 Petitioner :- Ajay Kumar Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Swetashwa Agarwal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit filed today on behalf of petitioner is taken on record.
Heard Sri Swetashwa Agarwal, learned counsel for the petitioner, Ms. Anjali Upadhyay, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 13.9.2017, registered as Case Crime No.241 of 2017, u/s 420, 467, 468, 471 IPC, P.S. Kotwali, district Kanpur Nagar.
Learned counsel for the petitioner submits that the dispute between the parties, if any, is civil in nature and civil litigation is pending between the parties. The mutation proceeding has been decreed in favour of the petitioners, hence present FIR has been lodged as a pressure tactics against the petitioner.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but 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 Gaurav