Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 6934 of 2018 Petitioner :- Jyoti Kumar Kesarwani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Raj Srivastava Counsel for Respondent :- G.A.,Madhur Prakash
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri S.R. Srivastava, learned counsel for the petitioner, Sri Madhur Prakash, learned counsel for the respondent no. 4, Sri Vikas Sahai, 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 16.1.2018 registered as case crime no. 14 of 2018 under sections 419, 420, 467, 468, 471, 506 I.P.C., police station Shahganj, District Allahabad.
Learned counsel for the petitioners submits that petitioner and respondent no. 4 are real brother. There has been family dispute between them with respect to the property left by their father for which civil litigation is going on between them. Thereafter, present F.I.R. has been lodged by respondent no. 4 on the basis of application under section 156 (3) Cr.P.C. levelling false and frivolous allegations, hence the same is liable to be quashed by this Court.
Learned counsel for respondent no. 4 and 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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.3.2018 Shiraz