Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25726 of 2018 Petitioner :- Rampal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devendra Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Devendra Singh, learned counsel for the petitioners, Sri A.K.Sand, 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 21.8.2018, registered as case crime No.348 of 2018, under Sections 420, 464, 468, 471, 323, 504, 506 I.P.C., P.S.
Chhaprauli, District Baghpat.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that the petitioners and respondent no.3 are co-tenure holders of Khasra No.382 and the dispute between the parties, if any is purely civil in nature and civil litigation is pending between the parties, on account of which the present F.I.R. has been lodged by respondent no.3 against the petitioners on the basis of application under Section 156 (3) Cr.P.C. levelling absolutely false, frivolous and baseless allegations, though no offence is made out against the petitioners, hence, FIR 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 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/NS