Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16025 of 2019 Petitioner :- Banti Mishra And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Rai,Birendra Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Birendra Singh, 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 18.05.2019 registered as case crime no.432 of 2019 u/ss. 419, 420, 467, 468, 471, 504, 506 IPC, PS. Cantt., District Gorakhpur.
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