Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24296 of 2018 Petitioner :- Vijendra Kumar Gupta And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rakesh Kumar Gupta, learned counsel for the petitioners, Sri Irshad Hussain, 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 with the prayer to quash the F.I.R. dated 26.08.2018 registered as Case Crime No. 0247 of 2018, under Sections 420, 467, 468, 471 I.P.C., Police Station Ganga Nagar, District Meerut.
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 on account of which the present FIR has been lodged by respondent no.3 against the petitioners leveling false and frivolous allegation just for the purpose of harassment, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
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 :- 5.9.2018 Ashok Gupta