Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16476 of 2019 Petitioner :- Abhimanyu Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Mishra,Subhash Chandra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri A.K. Mishra, learned counsel for the petitioners, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
Sri A.K. Mishra, learned counsel for the petitioners submits that petitioner no. 1 Abhimanyu Gupta has already been arrested by the police, hence the petition on his behalf has become infructuous.
Accordingly, the petition on behalf of petitioner no. 1 Abhimanyu Gupta is dismissed as infructuous and the Court proceed to hear and decide the petition on behalf of petitioners.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 18.5.2019 registered as case crime no. 222 of 2019 under section 493, 406, 420, 120-B I.P.C., police station Hata, District Kushinagar.
Learned counsel for the petitioners submits that the petitioners are the family members of co-accused Brijesh against whom main allegation has been levelled. The petitioners have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019 Shiraz