Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25445 of 2018 Petitioner :- Subash Yadav And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vineet Kumar Yadav,Saroj Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V.K. Yadav, learned counsel for the petitioners, Sri N.K. Tiwari, 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 petitioners with a prayer to quash the F.I.R. dated 29.8.2018 registered as case crime no. 206 of 2018 under sections 332, 353, 504 I.P.C., police station Sarai Khwaja, District Jaunpur.
Learned counsel for the petitioners submits that there is a dispute between the parties with respect to some property on account of which the petitioners have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them though no injury report of the injured has been produced at the time of lodging of the F.I.R., hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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 :- 13.9.2018 Shiraz