Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25828 of 2018 Petitioner :- Awadhesh Kumar Sharma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravi Sahu,Ram Chandra Counsel for Respondent :- G.A.,J.B. Singh
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri C.P. Singh has filed vakalatnama on behalf of respondent no. 3 which is taken on record.
Heard Sri Ravi Sahau, learned counsel for the petitioners, Sri C.P. Singh and Sri J.B. Singh, learned counsel for the Caveator, 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 petitioner with a prayer to quash the F.I.R. dated 26.8.2018 registered as case crime no.739 of 2018 under sections 420, 406, 354, 504, 506 I.P.C., police station Bisarakh, District Gautambudh Nagar.
Learned counsel for the petitioners submits that there was a dispute between the petitioners and the husband of the respondent no. 3 who are partners of a firm and after the death of the husband of the respondent no. 3 there arose a dispute regarding partnership of the firm. Civil litigation is pending between the parties.
Learned A.G.A. as well as learned counsel for the caveator vehemently 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 :- 17.9.2018 AU