Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15982 of 2019 Petitioner :- Sudheer Kumar Sharma And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri R.K. Pandey, learned counsel for the petitioners, Sri Deepak Mishra, 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 22.4.2019 registered as case crime no. 173 of 2019 under sections 452, 323, 326, 354, 504, 506, 342 I.P.C., police station Echotech- III, District Gautam Budh Nagar.
Learned counsel for the petitioners submits that F.I.R. of the present case has been lodged on the basis of application under section 156 (3) Cr.P.C. The petitioners are the landlords and respondent no. 3 is their tenant. There is some tenancy dispute between the parties 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, 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Shiraz