Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26713 of 2018 Petitioner :- Shivnath Khandelwal And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamal Kumar Singh Counsel for Respondent :- G.A.,Upendra Kumar Singh
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri K.K. Singh, learned counsel for the petitioners, Sri U.K. Singh, learned counsel for the respondent no.3 and Sri N.K. Verma, 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 with the prayer to quash the F.I.R. dated 5.9.2018, registered as Case Crime No.414 of 2018, u/s 419, 420, 467, 468, 471, 120-B IPC, P.S. Kotwali Mau, district Mau.
Learned counsel for the petitioners submits that the petitioner no.1 is the legal owner of the land in dispute. The petitioner nos.2 and 3 are bonafide purchaser of the land in question and petitioner nos.4 to 6 have no concern with regard to alleged incident. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. and learned counsel for the respondent no.3 opposed the prayer for quashing of the FIR.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 Gaurav