Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2364 of 2019 Petitioner :- Raj Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Ali Imam Counsel for Respondent :- G.A.,Kaustubh Srivastava
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.A. Imam, learned counsel for the petitioners, Sri Kaustubh Srivastava, learned counsel for the caveator, Sri Jai Narain, 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 12.1.2019, registered as Case Crime No.36 of 2019, u/s 395, 397, 342, 427, 506 IPC, P.S. Tronika City, district Ghaziabad.
Learned counsel for the petitioners submits that the dispute between the parties is civil in nature on account of which present FIR has been lodged against the petitioners by the informant. The present FIR has been lodged as a pressure tactics to compromise the matter. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners be quashed.
Learned counsel for the caveator and 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 :- 29.1.2019 Gaurav