Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37999 of 2018 Petitioner :- Bhanu Pratap @ Bhanu Pratap Yadav And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Upadhyay,Shachi Kant Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Rajeev Upadhyay, learned counsel for the petitioners, Sri Pawan Shukla, 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 18.05.2018 registered as case crime no.
135 of 2018 under sections 419, 420 IPC, police station Kotwali, District Azamgarh.
Learned counsel for the petitioners submits that the property in question was purchased by respondent no.3 from one Abdul Hussain and there was a litigation between the petitioners and respondent no.3 up to this Court and the disputed land was declared to be a government land hence, the present FIR by respondent in collusion with the said Abdul Hussain. He further pointed out that the matter is sub-judice before the competent authority concerned.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Madhurima