Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22908 of 2018 Petitioner :- Afsar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Shanker Mishra,Ram Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.S.Mishra, 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 10.6.2018, registered as case crime No.356 of 2018, under Section 386 I.P.C., P.S. Jhhijhhana, District Shamli.
Learned counsel for the petitioners submits that the petitioners are real brothers and they have been falsely implicated in the present case with malafide intention only for the purpose of harassment. He further submits that the petitioners have no concern with the present controversy and they have no criminal antecedents. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR 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 :- 23.8.2018/NS