Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10821 of 2018 Petitioner :- Rajesh Kumar Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Chandra Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R. C. Yadav, learned counsel for the petitioner, Sri G.P. Singh, 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 17.4.2018 registered as case crime no. 161 of 2018 under sections 504, 506, 386 I.P.C. and 3 (2) (Va) S.C./S.T. Act, police station Cantt., District Allahabad.
Learned counsel for the petitioners submits that the dispute between the parties, if any, is purely civil in nature and civil litigation between the parties is going on before the competent civil court in which interim injunction has been granted in favour of the petitioner, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner 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 :- 27.4.2018 Shiraz