Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 20178 of 2018 Petitioner :- Rajeev Kumar Tayal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard Sri Nipun Singh, earned counsel for the petitioners, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 14.5.2018, registered as Case Crime No.345 of 2018, under Sections 420, 467, 468, 471 I.P.C., Police Station Shamli, District Shamli.
Learned counsel for the petitioners submits that the dispute between the parties, if any, is purely civil in nature and civil litigation is pending between the parties in which an interim injunction is operating in favour of the petitioners, hence, the present FIR by respondent no.3 against the petitioners levelling false and frivolous allegation just for the purpose of harassment, hence the same is liable to be quashed by this Court.
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 he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
Order Date :- 27.7.2018 Anand Sri./-