Shree Om vs State Of U. P. - 2023 Supreme(All) 1631

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1631

ANISH KUMAR GUPTA
Shree Om – Appellant
Versus
State Of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Applicant : Vipul Kumar Singh, Amit Daga, Digvijay Singh

JUDGMENT :

1. Heard Shri Amit Daga, learned counsel for the applicant and Shri Pankaj Srivastava, learned A.G.A. for the State.

2. The instant application under section 482 Cr.P.C. has been filed seeking quashing of the order dated 17.1.2020 passed by Chief Judicial Magistrate, Hathras in Criminal Case No. 470/12 of 2018 (now numbered as Criminal Case No. 453 of 2020) "State of U.P. Vs. Shree Om and others" arising out of Case Crime No. 1481 of 2017 under sections 147, 149, 307, 436, 120-B I.P.C. police station Sadabad, District Hathras.

3. The facts, in brief, of the instant case are that the applicant no. 1 and the opposite party no. 2 are the real brothers and the applicants no. 2 and 3 are the sons of applicant no. 1. There was property dispute between the applicant no. 1 and the opposite party no. 2 and various litigation with regard to property dispute between them are already pending. In the night intervening 16/17.12.2017, the fire took place in the shops owned by the opposite party no. 2 which were let out to somebody else. Taking the advantage of the said fire incident, the instant FIR has been registered by the opposite party no.2 against the applicants as well as other co-