Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16471 of 2019 Petitioner :- Anwar Ahmad And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ratnesh Srivastava Counsel for Respondent :- G.A.,Surendra Prasad Mishra
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Ratnesh Srivastava, learned counsel for the petitioners, Sri S.P. Mishra, learned counsel for respondent no. 3, Sri Irshad Hussain, 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 petitioner with a prayer to quash the F.I.R. dated 30.5.2019 registered as case crime no. 276 of 2019 under section 420 I.P.C., police station Amroha Nagar, District J.P. Nagar.
Learned counsel for the petitioners submits that the dispute between the parties, if any, is purely civil in nature and as a pressure tactics present F.I.R. has been lodged by respondent no. 4 on the basis of application under section 156 (3) Cr.P.C. after two years of the incident levelling false and frivolous allegations, hence the same is liable to be quashed by this Court.
Learned counsel for the respondent no. 3 and learned A.G.A. opposed the prayer for quashing.
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 they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019 Shiraz