Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16490 of 2019 Petitioner :- Ashwani Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Bhan Yadav,Sudhir Kumar Agarwal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Indra Bhan Yadav, learned counsel for the petitioners, Sri A.P. Paul, 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 by the petitioners with a prayer to quash the F.I.R. dated 31.5.2019 registered as case crime no. 180 of 2019 under sections 420, 467, 468, 471, 120-B, 504, 506 I.P.C. police station Nakud, District Saharanpur.
Learned counsel for the petitioners submits that the present F.I.R. has been lodged on the basis of 156 (3) Cr.P.C. for the harassment of the petitioners.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 Deepika