Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16649 of 2019 Petitioner :- Arun Kumar Mishra And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Kumar Srivastava,Ashish Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Certified copy of the FIR filed today by learned counsel for the petitioners is taken on record.
Heard Sri A.K. Srivastava, 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.
This petition has been filed with the prayer to quash the F.I.R. dated 17.5.2019, registered as Case Crime No.175 of 2019, u/s 147, 392, 452, 323, 504, 506, 427 IPC, P.S. Shivkuti, district Allahabad.
Learned counsel for the petitioners submits that the impugned FIR does not demonstrate any prima-facie cognizable offence against the petitioners. The Investigating Officer without collecting any credible evidence is unnecessarily harassing and threatening the petitioners to arrest in the alleged occurrence. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners 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 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 :- 14.6.2019 Gaurav