Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10819 of 2018 Petitioner :- Chanan Lal Dhingra And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ranjit Saxena Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ranjit Saxena, learned counsel for the petitioners, 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 17.4.2018 registered as case crime no. 259 of 2018 under sections 380, 386 I.P.C., police station Partapur, District Meerut.
Learned counsel for the petitioners submits that respondent no. 4 had earlier lodged an F.I.R. against the petitioners which was challenged by them before this Court in Crl. Misc. Writ Petition No. 3408 of 2017 in which their arrest was stayed by this Court vide order dated 6.3.2017, the said fact has been mentioned in para-16 of the present petition. Thereafter, the present second F.I.R. has been lodged by respondent no. 4 just for harassment of the petitioners though civil litigation between the parties is going on before the competent civil court, hence the same 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