Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16023 of 2019 Petitioner :- Aslam And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Pathak,Arvind Kumar Tewari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Sanjay Pathak, learned counsel for the petitioners, Sri Deepak Mishra, 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 09.05.2019 registered as case crime no.0177 of 2019 u/ss. 295-A, 323, 504, 506 IPC and 3 (2)(Va) SC/ST Act, PS. Kotwali Nagar, District Aligarh.
Learned counsel for the petitioners submits that petitioners are innocent and the present FIR has been lodged with malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of 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 :- 10.6.2019 Madhurima