Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 5963 of 2017 Petitioner :- Mohammad Musharraf And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahtab Alam Counsel for Respondent :- G.A.,Faizul Hasan
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri Mahtab Alam, learned counsel for the petitioners, Sri Faizul Hasan, learned counsel for the respondent no. 4 and Sri G.P. 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 20.1.2017, registered as Case Crime No.36 of 2017, u/s 420, 467, 468, 471, 504 IPC, P.S. Hayat Nagar, district Sambhal.
Learned counsel for the petitioners submits that present FIR has been lodged on the basis of application moved u/s 156(3) Cr.P.C. with malafide intention. From the perusal of the FIR, no offence is made out against the petitioners. The dispute between the parties, if any, is civil in nature and civil suit is pending between the parties, 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 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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Mrs. Rekha Dikshit, J.) (Ramesh Sinha, J.) Order Date :- 19.4.2017 Gaurav