Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10838 of 2018 Petitioner :- Arshad And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devendra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri D.K. Mishra, learned counsel for the petitioners, Ms. Ibha Sinha, 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 18.4.2018 registered as case crime no. 67 of 2018 under sections 147, 323, 504, 506, 336, 447 I.P.C., police station Derapur, District Kanpur Dehat.
Learned counsel for the petitioners submits that that the dispute between the parties, if any, is purely civil in nature as civil litigation is going on between the before the competent civil court, hence the present F.I.R. is liable to be quashed by this Court.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018 Shiraz