Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16718 of 2019 Petitioner :- Virendra And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- M.P.S. Chauhan Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri M.P.S. Chauhan, learned counsel for the petitioners, Sri Vimal Kumar Pandey, 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 petitioners with a prayer to quash the F.I.R. dated 25.05.2019, registered as Case Crime No. 125 of 2019, under Sections 420, 467, 468, 471, 504, 506 I.P.C., Police Station Gabhana, District Aligarh.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. He further submits that a property dispute is going on between the parties and regarding which, civil litigation is also pending. The present matter is totally of civil nature. The petitioners are innocent, hence the first information report lodged against the petitioners is liable to be quashed.
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 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.
(Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.) Order Date :- 14.6.2019 sailesh