Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37153 of 2018 Petitioner :- Shakti Nehra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ghazala Bano Quadri Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Ms. Ghazala Bano Quadri, learned counsel for the petitioners, Sri M.K. Tiwari, 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 20.11.2018 registered as case crime no. 1128 of 2018, under sections 354, 507 I.P.C., police station Modi Nagar, District Ghaziabad.
Learned counsel for the petitioners submits that there was some dispute between the petitioners and the family members of respondent no. 4. It has further been contended that petitioners' F.I.R. was not registered by the police promptly and the present F.I.R. was registered against the petitioners, who are the real brothers, on the basis of false and frivolous allegations, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 petition is finally disposed of.
It is made clear that if the petitioners harass the private respondent no. 4, interim order granted by this Court today shall automatically stands discharged.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha,J.) Order Date :- 18.12.2018 Manoj