Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23940 of 2018 Petitioner :- Mustakim And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikas Mani Srivastava,Ravindra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K. Srivastava, learned counsel for the petitioners, Sri Prabhash Pandey, 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 28.7.2018, registered as Case Crime No.512 of 2018, u/s 376, 506 IPC, P.S. Kotwali, district Maharajganj.
Learned counsel for the petitioners submits that the petitioner no.1 and petitioner no.2 happens to be the father-in-law and Jeth of respondent no.4. There was dispute between the petitioner no.1 and respondent no.4 with respect to property on account of which present FIR has been lodged against the petitioners by the respondent no.4 on the basis of application moved u/s 156(3) Cr.P.C.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.8.2018 Gaurav