Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16634 of 2019 Petitioner :- Chhote And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raghubir Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Raghubir Singh, learned counsel for the petitioners, Sri Irshad Hussain, 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 petitioners with a prayer to quash the F.I.R. dated 4.10.2018 registered as case crime no. 0602 of 2018, under sections 420, 467, 468, 471, 506 IPC, P.S. Bahjoi, District Sambhal (Bhim Nagar).
It is contended by learned counsel for the petitioners that the petitioners are marginal witnesses of the sale deed and a civil suit for cancellation of sale deed is pending before the competent court. It is further submitted that the matter is purely of civil in nature and the petitioners have been falsely implicated in the present case by respondent no. 4 by levelling false and frivolous allegations just to harass them, 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 RavindraKSingh