Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16662 of 2019 Petitioner :- Lal Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Garun Pal Singh Counsel for Respondent :- G.A.,Suresh Chandra Pandey
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri G.P. Singh, learned counsel for the petitioners, Sri Sanjay Mishra holding brief of Sri S.C. Pandey, learned counsel for respondent no. 3, Sri Irshad Hussain, 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 24.4.2019 registered as case crime no. 131 of 2019 under sections 420, 467, 468, 471, 120-B I.P.C., police station Sadar Bazar, District Mathura.
Learned counsel for the petitioners submits that the petitioners are the marginal witness of the sale deed in question. They are not the beneficiary of the said transaction. They have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned counsel for the respondent no. 3 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Shiraz