Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16654 of 2019 Petitioner :- Hansa Khatri And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yadvesh Yadav,Rajesh Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Yadvesh Yadav, 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 petitioner with a prayer to quash the F.I.R. dated 6.5.2019 registered as case crime no. 355 of 2019 under sections 188, 352, 454, 452, 395, 504, 506, 420, 448 I.P.C. and 3 (1) (r), 3 (1) (s) S.C./S.T. Act, police station Bhelupur, District Varanasi.
Learned counsel for the petitioners submits that the dispute between the parties, if any, is purely civil in nature as civil litigation between the parties is going on before the competent civil court and as a pressure tactics present F.I.R. has been lodged by respondent no. 3 levelling false and frivolous allegations, 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 Shiraz