Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10508 of 2018 Petitioner :- Uma Shanker Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Singh,Amrendra Nath Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sudershan Singh, Advocate, holding brief of Sri Amrendra Nath Singh, learned counsel for the petitioner, Sri Narendra Kumar Tiwari, learned brief holder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 16.09.2017, registered as Case Crime No. 436 of 2017, under Section 406 IPC, Police Station George Town, Allahabad.
Learned counsel for the petitioner submits that there is civil litigation going on between the parties with respect to property in question and the present FIR has been lodged against the applicant just as a presser tactic upon the petitioner.
Learned A.G.A. for the State opposed the prayer for quashing 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 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 :- 24.4.2018 VKG