Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20106 of 2018 Petitioner :- Ashutosh Rathi And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Dev Mishra Counsel for Respondent :- G.A.,Rakesh Kumar Srivastava
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ram Chandra Tripathi holding brief of Sri K.D. Mishra, learned counsel for the petitioners, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 12.06.2018 registered as case crime no.445 of 2018 under sections 420, 406, 452, 504, 506, 120B I.P.C., police station Kasna, District Gautam Budh Nagar.
It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by respondent no.4 roping in the entire family of petitioner no.1 containing absolutely false and frivolous allegations against them and that petitioner nos. 2 and 3 are parents of petitioner no.1. It is further submitted that the petitioners have no concern with the incident in question.
Learned counsel for the caveator pointed out that petitioner no.1 has criminal history of seven cases whereas in paragraph 20 of the petition, it has been stated that the petitioner have no criminal history except the present case which is an incorrect fact.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but petitioner nos.2 and 3 shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as petitioner nos.1 and 4 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2018 Madhurima