Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16198 of 2019 Petitioner :- Ram Shankar @ Rama Shankar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bashisth Narain Pandey Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri B.N. Pandey, learned counsel for the petitioner, Sri V.K. Pandey, 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 23.05.2019 registered as case crime no. 104 of 2019 under sections 419, 420, 467, 468, 120B, 471 I.P.C., police station - Haraiya, District - Basti.
Learned counsel for the petitioners has submitted that respondent no. 3 has got the FIR lodged due to the fact that a civil suit no. 314 of 2007 is pending between the petitioners and respondent no. 3 before the court of Civil Judge (J.D.), Basti and due to the said property dispute and parti bandi petitioners have been implicated. It has been further submitted that even if the contention of the FIR is taken to be true, on account of which no offence of the FIR is made out. The petitioners have no criminal antecedents. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. opposed the prayer for quashing 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. provided that they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 11.6.2019 Bhanu (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)