Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23089 of 2018 Petitioner :- Ayub @ Ayub Hasan And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nasim Uddin,Hardev Prajapati Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Nasimuddin, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 13.6.2018, registered as case crime No.368 of 2018, under Sections 406, 420, 467, 468, 471, 120-B I.P.C., P.S. Jhijhana, District Shamli.
Learned counsel for the petitioners submits that the dispute between the parties, if any, is purely civil in nature and civil litigation is pending between the parties, hence, the present FIR by respondent no.3 against the petitioners levelling false and frivolous allegation just for the purpose of harassment, hence the same is liable to be quashed by this Court.
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 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 :- 24.8.2018/NS