Phool Chand And 3 Others vs State Of U.P. And 2 Others
2018 Latest Caselaw 1144 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14238 of 2018
 
Petitioner :- Phool Chand And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Chandra Shekhar Sharma
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri C.S.Sharma, learned counsel for the petitioners, Sri N.K.Verma, 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 9.4.2018 registered as FIR No.122 of 2018, under Section 3/5 of Prevention of Damages to Public Property Act, 1984, P.S.Gopiganj, District Bhadohi.

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, on account of which the present FIR has been lodged levelling false and frivolous allegation though no offence is made out against the petitioners, hence, the same is liable to be quashed by this Court.

Learned A.G.A.opposed the prayer for quashing of the FIR.

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 :- 30.5.2018/NS