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Shanti Devi And Others vs State Of U P And Others

High Court Of Judicature at Allahabad|21 February, 2019


Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 4781 of 2019 Petitioner :- Shanti Devi and 3 others Respondent :- State Of U.P. and 3 others Counsel for Petitioner :- Raj Kumar Vaishya Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Raj Kumar Vaishva, learned counsel for the petitioners and Sri A.N. Mulla, learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 4.1.2019 registered as Case Crime No. 0002 of 2019 under sections 420, 467, 468, 471, 504, 506 I.P.C.
P.S. Shahi District Bareilly.
It is submitted by the learned counsel for the petitioner that dispute inter se parties appear to be civil in nature involving extent of shares, civil litigation is pending, criminality is deliberately assigned against the petitioners due to ulterior motives, no offences are made out, FIR be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 21.2.2019 Ram Murti
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Shanti Devi And Others vs State Of U P And Others


High Court Of Judicature at Allahabad

21 February, 2019
  • Pankaj Naqvi
  • Raj Kumar Vaishya