Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10877 of 2018 Petitioner :- Suresh Gangwar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Gaurav Kakkar, holding brief of Sri AK.Srivastava, learned counsel for the petitioners, 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 17.9.2017, registered as Case Crime No.746 of 2017, under Sections 147, 148, 420, 504, 323, 506, 447 I.P.C. and Section 3(1) (10) of SC/ST Act, Police Station Izzatnagar, District Bareilly.
Learned counsel for the petitioners submits that the dispute between the parties, if any, is purely civil in nature and civil litigation is pending between the parties in which an interim injunction is operating in favour of the petitioner, on account of which the present FIR has been lodged against the petitioners.The allegation levelled against the petitioners are absolutely false, frivolous and baseless. From perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, 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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 30.4.2018/NS