Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20104 of 2018 Petitioner :- Faizu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Zafar Abbas Counsel for Respondent :- G.A.,Shadab Ali
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Zafar Abbas, learned counsel for the petitioner, Sri Shadab Ali, learned counsel for the caveator, 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 13.07.2018 registered as case crime no.268 of 2018 under sections 452, 323, 354, 506 I.P.C., Police station Kotwali, District Allahabad.
Learned counsel for the petitioner submits that petitioner happens to be the landlord and private respondent is the tenant and there was some dispute between the parties regarding eviction of the house, hence the present FIR has been lodged as pressure tactics.
Learned counsel for the caveator opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioner shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but he 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 :- 26.7.2018 Madhurima