Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19926 of 2018 Petitioner :- Irshad Khan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Malaviya Counsel for Respondent :- G.A.,Vipin Kumar Singh
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashok Malaviya, learned counsel for the petitioners, Sri V.K. Singh, learned counsel for the caveator, 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 14.7.2018 registered as case crime no.228 of 2018 under sections 419, 420, 467, 468, 471 I.P.C., police station Kotwali Dehat, District Mirzapur.
Learned counsel for the petitioners submits that the dispute between the parties, if any, is purely civil in nature as the civil litigation between the parties is pending.
Learned A.G.A. as well as learned counsel for the respondent no.4 opposed the prayer for quashing. Learned counsel for the respondent no.4 has vehemently denied that the present FIR has no concern with civil litigation pending between the parties.
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 :- 25.7.2018 AU