Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16458 of 2019 Petitioner :- Jagannath And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raghwendra Prasad Mishra Counsel for Respondent :- G.A.,Suresh Chandra Pandey Hon'ble Ramesh Sinha,J.
Hon'ble Vivek Varma,J.
Heard Sri R.P. Mishra, learned counsel for the petitioners, Sri S.C. Pandey, learned counsel for the respondent no.4, Sri S.K. Singh, 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 with the prayer to quash the F.I.R. dated 24.4.2019, registered as Case Crime No.131 of 2019, u/s 420, 467, 468, 471, 120-B IPC, P.S. Sadar Bazar, district Mathura.
Learned counsel for the petitioners submits that the dispute between the parties is civil in nature. It is stated that earlier FIR was also lodged from the side of the petitioners against the informant, the said writ petition was challenged by them in Criminal Misc. Writ Petition No.5060 of 2018 in which their arrest was stayed by coordinate Bench of this Court on 27.2.2018. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. and learned counsel for the respondent no.4 opposed the prayer for quashing and submitted that the dispute between the parties has been put to rest by this Court in Writ-C No.4893 of 2018 vide order dated 27.8.2018 to which learned counsel for the petitioners states that in the said petition, review application has been filed and the same is pending before this Court. Moreover, the FIR which was lodged against the informant, after investigation final report has been submitted.
Considering the facts of the case and the submissions made by learned counsel for the parties, we direct the Investigating Officer of the case to conclude the investigation of the case within three months from today who shall file report to the Magistrate concerned in accordance with the provisions of law.
It is further directed that the petitioners shall not be arrested in above mentioned case, till submission of the police report under section 173(2) Cr.P.C.
Copy of this order be given to learned AGA for it's compliance. With the aforesaid directions, this writ petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.)
Order Date :- 13.6.2019/Gaurav