Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16715 of 2019 Petitioner :- Monu And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kr. Srivastava Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Shri Gyan Chandra Yadav, Advocate has filed Vakalatnama on behalf of respondent No.3, which is taken on record.
Heard Sri Sanjay Kumar Srivastava, learned counsel for the petitioners, Shri Vimal Kumar Pandey, learned A.G.A. for the State, Shri Gyan Chandra Yadav, learned counsel for respondent No.3 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 31.05.2019 registered as case crime no. 363 of 2019 under sections 147, 148, 149, 452 504, 323, 307, 506, 411,, I.P.C. and case crime no.178 of 2019, under Section 25 of Arms Act, police station Partapur, District Meerut.
Learned counsel for the petitioners submits that respondent No.3 (informant) is cousin brother of petitioner No.1 and petitioner No.2 is friend of petitioner No.1. Respondent No.3 had taken the land of petitioner No.1 on BATAI and some dispute had arisen with regard to that and due to enmity they have been falsely implicated. This is no injury case.
Shri Gyan Chandra Yadav, learned counsel for respondent No.3 has vehemently opposed the quashing of the FIR stating that the petitioners have assaulted the respondent No.3 after entering into his house.
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 T. Sinha