Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14419 of 2018 Petitioner :- Aslam Mistri And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Kumar Tiwari Counsel for Respondent :- G.A.,Abhay Raj Singh
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anand Kumar Tiwari, learned counsel for the petitioners, Sri Abhay Raj Singh, learned counsel for the Caveater 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 9.1.2017 registered as case crime no. 18 of 2017 under sections 420, 467, 468, 471, 406, 506 I.P.C., police station Subhash Nagar, District Bareilly.
Learned counsel for the petitioner submits that the petitioner is innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned counsel for the caveater opposed the prayer for quashing and pointed out some criminal history against the petitioners to which learned counsel for the petitioners submitted that the private respondent is also indulging in the same activity.
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 :- 30.5.2018 Deepika