- (1.) Heard Sri Manish Tiwari, learned counsel for the petitioners and learned A.G.A.for the State of U.P.
(2.) This petition has been filed by the petitioners Gaurav Agarwal, Parag Gupta and Vikas Gupta with a prayer to quash the impugned FIR dated 5.6.2003 in case crime No. 343 of 2013 under sections 376, 323, 504, 506 I.P.C. 3(1) (12) of SC/ST Act, Police Station Highway, District Mathura.
(3.) It is contended by learned counsel for the petitioner that the impugned FIR has been lodged in pursuance of the order passed by learned Magistrate concerned in exercise of the powers conferred under section 156 (3) Cr.P.C. The FIR has been registered on 5.6.2013 at 2.30 P.M. in respect of the incident occurred during the period of September 2012 to 26.4.2013. The allegations made in FIR are absolutely false and frivolous, it has been lodged due to ulterior motive at the instance of Devi Das Garg, who happens to be Bhoomi Mafia in Mathura. The FIR has been lodged by the petitioner No. 1 against Devi Das Garg and his two associates on 14.3.2013 at 6.10 P.M. in case crime no. 180 of 2013 under sections 420, 467, 468, 471, 120-B, 323, 504, 506 I.P.C., police station Highway, district Mathura and petitioner no.3 Vikas Gupta has lodged the FIR against Devi Das and others on 24.4.2013 at 8.10 P.M. under sections 420, 467, 468, 471, 120-B, 379, 323, 504, 506 I.P.C.;