Allahabad High Court
Ramesh Kapoor And 2 Others vs State Of U.P. And 3 Others on 24 May, 2018
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 13454 of 2018 Petitioner :- Ramesh Kapoor And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Dixit,Abhay Krishna Agrawal Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Abhishek Dixit, learned counsel for the petitioners,Sri A.K.Sand, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 15.3.2018, registered as case crime No.362 of 2018, under Sections 457, 380, 448, 506 I.P.C., Police Station Chakeri, District Kanpur Nagar.
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 them in which there is an interim injunction in favour of petitioners, on account of which the present FIR has been lodged by respondent no.4 against the petitioners levelling false and frivolous allegations, though no offence is made out against them, hence, the FIR is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the FIR, 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 they 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 :- 24.5.2018/NS