Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25422 of 2018 Petitioner :- Nefees Ahmad And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Shiv Kumar Singh Rajawat Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K.S. Rajawat, learned counsel for the petitioner, Sri Pawan Shukla, 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 petitioner with a prayer to quash the F.I.R. dated 3.8.2018 registered as case crime no. 494 of 2018 under sections 406, 420, 392, 323, 504, 506 I.P.C. and 3 (1) (Da), 3 (1) (Dha), 3 (2) (va) S.C./S.T. Act, police station Gajraula, District Jyotibha Phule Nagar.
Learned counsel for the petitioners submits that there was business transaction between the son of petitioner no. 1 and son of respondent no. 4 in which some dispute arose between them on account of which the respondent no. 4 lodged the present F.I.R. against the petitioners levelling false and frivolous allegations just for their harassment, hence the same is liable to be quashed by this Court.
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 he 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 :- 13.9.2018 Shiraz