Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34534 of 2018 Petitioner :- Teetu And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashank Yadav,Aftab Ahmad Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Shashank Yadav for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 10.7.2018 registered as Case Crime No. 403 of 2018, under Section 406 IPC P.S. Narkhi, Distt. Firozabad.
A perusal of the FIR shows that in the FIR, it has been alleged that the petitioners had hired Eicher Kentar vehicle of the first informant on rent of Rs. 70,000/- and thereafter they have neither given rent nor returned the vehicle of the petitioners.
The counsel for the petitioners submits that there was only dispute relating to rent of the vehicle. So far as vehicle is concerned, it is in the possession of the informant himself. The dispute relating to rent is of civil nature and FIR does not disclose any criminal offence.
We have considered the arguments of the counsel for the petitioner. As the FIR discloses the offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioners shall not be arrested in pursuance of the FIR dated 10.7.2018 registered as Case Crime No. 403 of 2018, under Section 406 IPC P.S. Narkhi, Distt. Firozabad, till submission of police report under Section 173 (2) Cr P C. The writ petition is disposed of.
Order Date :- 30.11.2018 Rahul /-