Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22824 of 2018 Petitioner :- Surendra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Himkanya Srivastava,Seema Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Ms. Seema Srivastava, learned counsel for the petitioner, 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 by the petitioner with a prayer to quash the F.I.R. dated 09.06.2018 registered as case crime no.438 of 2018 under sections 302, 120-B I.P.C., police station Kasana, District Gautambudh Nagar.
Learned counsel for the petitioner submits that the father of the petitioner was living with the petitioner as he was old person. He further states that the respondent no. 4 happens to be distant relative and there was a dispute between the parties with the respect to property on account of which the present FIR has been lodged on the basis of an application under section 156 (3) Cr.P.C.after five months of the incident.
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 petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he 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 :- 21.8.2018 AU