Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24380 of 2018 Petitioner :- Sahab Singh And 03 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Rajeev Kumar Singh Parmar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K.S.Parmar, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 18.5.2018, registered as case crime N.240 of 2018, under Sections 147, 323, 324, 504, 308 I.P.C., P.S. Merapur, District Farrukhabad.
It has been submitted by the petitioners that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that the petitioner and respondent no.3 belong to the one and the same family and there was some property dispute between them, on account of which the impugned FIR has been lodged by respondent no.3 against the petitioners containing absolutely false, concocted, vague and sweeping allegation. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos.3 & 4 who are ladies, hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitionernos.3 & 4 who are ladies shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner nos. 1 & 2 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018 NS