Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16727 of 2019 Petitioner :- Jaiprakash Kesarwani And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arjun Singh Yadav,Gaurav Sharma Counsel for Respondent :- G.A.,Vaibhav Singh
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Arjun Singh Yadav, learned counsel for the petitioners, Sri Vaibhay Singh, learned counsel for respondent no.3, Sri H.M.B. Sinha, 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 31.5.2019 registered as case crime no.0217 of 2019 under sections 419, 420, 467, 468, 471, 120-B, 504, 506 I.P.C., police station Khaga, District Fatehpur.
It is argued by the learned counsel for the petitioners that the petitioners have purchased the property from one Dhirendra Kumar who had share in the property in dispute. There appears to be some dispute between the informant and seller Dhirendra Kumar with respect to the property. He submits that the dispute between the parties, if any, is purely civil in nature.
Learned A.G.A. and the learned counsel for the complainant opposed the prayer for quashing the FIR but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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.
(Pradeep Kumar Srivastava,J.) (Dinesh Kumar Singh-I, J.) Order Date :- 14.6.2019 AU