Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37308 of 2018 Petitioner :- Pradeep Kumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashwani Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ashwani Kumar Mishra for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 10.12.2018 (registered as Case Crime No. 1075 of 2018), u/s 380, 506 I.P.C., P.S. Ghatampur, district Kanpur Nagar.
In substance, allegation in the F.I.R. has been made that the shop in dispute came in the share of the petitioners by way of family settlement in the year 1982. Dinesh Kumar, respondent- 4, tried to take possession over the shop in dispute, along with other co-accused on 9.9.2018, then the petitioner got F.I.R. registered against Dinesh Kumar, Rajeev, Abhishek and Amit on 11.9.2018. Now, in retaliation of that F.I.R., the present F.I.R. was got registered on 10.12.2018, showing the date of incident as 24.6.2017.
Counsel for the petitioners submits that the allegation in the F.I.R. are false and malafide.
Considering the submissions advanced by counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in pursuance of F.I.R. dated 10.12.2018 (registered as Case Crime No. 1075 of 2018), u/s 380, 506 I.P.C., P.S. Ghatampur, district Kanpur Nagar, till submission of 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.
Order Date :- 20.12.2018 Jaideep/-