Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26747 of 2018 Petitioner :- Kanhaiy And 07 Others Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Pankaj Singh,Vijay Singh Sengar Counsel for Respondent :- G.A.,Arvind Agrawal
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V.S. Sengar, learned counsel for the petitioners, Sri Arvind Agrawal, learned counsel for the respondent no. 4, 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 12.9.2018 registered as case crime no. 333 of 2018 under sections 147, 148, 452, 323, 504, 506 I.P.C., police station Magorra, District Mathura.
Learned counsel for the petitioners submits that the petitioners and respondent no. 4 are residents of same village. There was some dispute between them on account of which the petitioners have been falsely implicated in the present case by respondent no. 4 levelling false and frivolous allegations just to harass them, 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 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 :- 25.9.2018 Shiraz