Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25232 of 2018 Petitioner :- Bijendra Thakur And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rama Shankar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.S. Mishra, learned counsel for the petitioners, Sri N.K. Tiwari, 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 27.8.2018 registered as case crime no. 637 of 2018 under sections 147, 452, 323, 504, 506, 354Kha I.P.C., police station Khora, District Ghaziabad.
Learned counsel for the petitioners submits that the petitioners belong to one and the same family. They have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 12.9.2018 Shiraz