Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38035 of 2018 Petitioner :- Shiv Prakash Pandey Alias Dadoo And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Om Prakash, learned counsel for the petitioners, Sri Prabhash Shukla, 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 14.12.2018 registered as case crime no. 241 of 2018, under sections 147, 452, 354-B, 323, 504, 427 I.P.C., police station Barsathi, District Jaunpur.
Learned counsel for the petitioners submits that there is a property dispute between the parties. He further submitted that the present F.I.R. has been lodged just for harassment of the petitioners, 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 they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Raj Beer Singh,J) (Ramesh Sinha,J.) Order Date :- 21.12.2018 Manoj