Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22877 of 2018 Petitioner :- Shakila Bano And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Prakash Srivastava,Amrita Prakash Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anand Prakash Srivastava, learned counsel for the petitioners, Sri G.P. Singh, learned brief holder 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 27.07.2018 registered as case crime no. 151 of 2018 under Section 364 I.P.C., Police Station Chowk, District Varanasi.
Learned counsel for the petitioners submitted that there was some litigation regarding a shop going on between the petitioners and husband of the respondent no.3 and a suit is pending at Small Causes Court between the two, the said proceeding was lingered on the ground of disappearance of husband of the respondent No.3. He further submitted that an application under Section 156(3) was filed by respondent no.3 in which police report was called and submitted stating that the proceeding was initiated by respondent no.3, though, a suit is pending between them before Small Causes Court.
Learned A.G.A. opposed the prayer for quashing.
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 writ petition is finally disposed of. (Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.) Order Date :- 23.8.2018 A. Mandhani