Mohd Ashraf vs State Of U.P. And 2 Others
2018 Latest Caselaw 1210 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14511 of 2018
 
Petitioner :- Mohd Ashraf
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Mithilesh Kumar Tiwari
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri M.K.Tiwari, learned counsel for the petitioner, 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 petitioner with a prayer to quash the FIR dated 27.5.2018, registered as case crime No.725 of 2018, under Sections 419, 420, 447, 467, 468, 471, 506 I.P.C., Police Station Dhoomanganj, District Allahabad.

Learned counsel for the petitioner submits that the dispute between the parties, if any, is purely civil in nature and civil litigation is pending between the parties, in which interim injunction is operating in favour of the petitioner, on account of which the present FIR has been lodged levelling false and frivolous allegation though no offence is made out against the petitioner, 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 petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he 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 :- 31.5.2018/NS