Mohd. Akram And Ors. vs Superintendent Of Police,Gonda ...
2017 Latest Caselaw 2539 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 15875 of 2017
 
Petitioner :- Mohd. Akram And Ors.
 
Respondent :- Superintendent Of Police,Gonda And Ors.
 
Counsel for Petitioner :- Ayodhya Prasad Shukla
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri A.P.Shukla, learned counsel for the petitioners, Sri G.D.Bhatt, 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 29.6.2017 registered as Case Crime No.352 of 2017,under Sections 147, 149, 436, 336,  323, 504, 506 I.P.C. Police Staiton Kotwali Colonelganj, District Gonda.

Learned counsel for the petitioners submits that petitioner no.1 had lodged an FIR against the respondent no.3 and 7 others as there was some property dispute between them, hence, the present FIR has been lodged against the petitioner no.1 and entire family members including the ladies levelling false, frivolous and baseless allegations though no offence is made out against the petitioners, hence, the FIR be quashed.

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.

(Mrs. Rekha Dikshit,J.)     (Ramesh Sinha, J.)

Order Date :- 19.7.2017/NS