Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36975 of 2018 Petitioner :- Shiv Kumar And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Singh Counsel for Respondent :- G.A.,Sunil Kumar Dubey
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Alok Kumar Singh, learned counsel for the petitioners and Sri P. Maurya, learned A.G.A. for State-respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 20.11.2018 in respect of FIR No. 1047 of 2018 for the offence under Sections 420, 406, 506 of I.P.C., P.S. Tronica City, District Ghaziabad.
Learned counsel for the petitioners submits that the dispute between the parties is purely of civil nature but it has been given a criminal colour just to pressurize the petitioners. It has been argued that the petitioners are the poor agriculturists, whereas respondent no. 4 is a builder and developer.
Learned A.G.A. opposes the petition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 18.12.2018 RK