Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26403 of 2018 Petitioner :- Sadiq Ali And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Maohammd Nadeem,Mohammad Shabbir Counsel for Respondent :- G.A.,Sajid Razi,Shamim Uddin Khan
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohammad Nadeem, learned counsel for the petitioners, Sri S.U. Khan, learned counsel for respondent no. 3, Sri N.K. Verma, 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 petitioners with a prayer to quash the F.I.R. dated 15.8.2018 registered as case crime no. 366 of 2018 under sections 420, 467, 468 I.P.C., police station Shahganj, District Allahabad.
Learned counsel for the petitioners submits that the petitioners in the Aadhar card have given the address of respondent no. 3 for business purpose. He states that no forgery has been done in the Aadhar card and there is a dispute only with respect to the address given in the Aadhar card, hence the present F.I.R. is liable to be quashed by this Court.
Learned counsel for respondent no. 3 and learned A.G.A. opposed the prayer for quashing of the F.I.R. and submitted that the competent civil court had ordered to maintain the status quo with respect to the property in question and the petitioners wanted to grab the property of respondent no. 3, who is a widow lady but could not dispute the fact that the matter is pending before the competent civil court.
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 :- 24.9.2018 Shiraz