Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23078 of 2018 Petitioner :- Ajay Kumar Yadav And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Arvind Kumar Bhardwaj Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K.Bhardwaj, learned counsel for the petitioners, Sri Deepak Mishra, 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 2.8.2018, registered as case crime No.259 of 2018, under Section 409 I.P.C., PS. Rajpura, District Bheem Nagar (now Sambhal).
Learned counsel for the petitioners submits that earlier two FIR's were registered against the petitioners for the similar allegations, which were challenged by them before this Court by means of filing Crl. Misc. Writ Petition No.6654 of 2018 and Crl. Misc. Writ Petition No.19361 of 2018, in which interim protection was granted to them by this Court vide order dated 19.3.2018 and 20.7.2018, copies of which have been annexed at pages-33 &35 of the writ petition and this is the third FIR lodged by respondent no.5 under the pressure of local M.L.A.. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
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 :- 24.8.2018/NS