Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26406 of 2018 Petitioner :- Himanshu Ranjan Upadhyay And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Shekhar Mishra Counsel for Respondent :- G.A.,S.B.Singh
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Roshan Kumar holding brief of Sri S.S. Mishra, learned counsel for the petitioners, Sri S.B. Singh, learned counsel for the respondent no. 3, 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 petitioners with a prayer to quash the F.I.R. dated 26.6.2018 registered as case crime no. 376 of 2018 under sections 419, 420, 406, 323, 504, 506 I.P.C., police station Rohania, District Varanasi.
Learned counsel for the petitioners submits that the father of the petitioners is already confined in jail in the present case. The petitioners have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned counsel for the respondent no. 3 and learned A.G.A. opposed the prayer for quashing and submitted that the petitioners used to bring the customers for the sale of land which are being sold by their father fraudulently.
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 :- 24.9.2018 Shiraz