Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25843 of 2018 Petitioner :- Praveen Mohan And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bindu Kumari Counsel for Respondent :- G.A.,Abhishek Gupta
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajeev Lochan Shukla and Ms. Bindu Kumari, learned counsel for the petitioners, Sri Abhishek Gupta, learned counsel for the caveator, Sri N.K. Verma, 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 2.8..2018 registered as case crime no.0628 of 2018 under sections 420, 467, 468, 471 I.P.C., police station Bisarakh, District Gautambudh Nagar.
Learned counsel for the petitioners submits that the petitioners are the officials of Gram Panchayat, Bisarakh and there appears to be some dispute with respondent no. 4 and her real brother with respect to issuance of Pariwar Register by the petitioners. It is stated by the learned counsel for the petitioner that if the petitioners had made some entry in the Priwar Register it was open for the respondent no. 4 to approach the appropriate frum but not to lodge the FIR.
Learned A.G.A. as well as learned counsel for the caveator opposed the prayer for quashing. Learned counsel for the caveator submitted that the Pariwar Register was issued by the petitioners without verifying the real fact and they were full conscious of the fact that there was Government Order There is no authority for them for issuance such Pariwar Register.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018 AU