Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13915 of 2019 Petitioner :- Braj Pal And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandrajeet Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Mr Chandrajeet, learned counsel for the petitioners, Mr 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 23.1.2019 registered as case crime no. 023 of 2019 under sections 420, 120-B, 323, 504, 506 I.P.C., police station Pallavpuram, District Meerut.
It is contended by learned counsel for the petitioners that petitioner no. 1 and respondent no. 4 are real brother and the prosecution of the petitioners in the hands of respondent no. 4 is on the basis of the application under Section 156(3) Cr.P.C. and the petitioners have been falsely implicated in the present case by respondent no. 4 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 RavindraKSingh