Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K.Tiwari,learned counsel for the petitioners,Ms. Manju Rani Chauhan, learned counsel for respondent no.3, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 21.3.2018, registered as case crime No.126 of 2018, under Sections 457, 380, 504, 506 I.P.C., Police Station Chaubeypur, District Varanasi.
Learned counsel for the petitioners submits that the dispute in question relates to a temple between the petitioner no.1 and respondent no.3, but the petitioner is living in the said temple and the petitioners are managing the said temple, hence, the petitioners have not stolen his property but the respondent no.3 has lodged the impugned FIR levelling false and frivolous allegation against the petitioners. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned counsel for the private respondent no.3 and learned AGA has opposed the prayer for quashing of the FIR and pointed out that an application under Section 156(3)Cr.P.C. has been moved from the petitioners for registering a case against the respondent no.3.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 29.5.2018/NS