Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16671 of 2019 Petitioner :- Brijesh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devi Dayal Counsel for Respondent :- G.A.,Pramod Kumar Dwivedi Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Devi Dayal, learned counsel for the petitioners, Sri Mrityunjay Dwivedi holding brief of Sri Pramod Kumar Dwivedi, learned counsel for the caveator, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 30.5.2019, registered as Case Crime No.202 of 2019, under Sections 452, 323, 354, 506 I.P.C., Police Station Sadabad Kotwali, District Hathras.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. He further submits that there are cross reports of the incident. The FIR which was lodged by petitioner no.1against the brother of respondent no.3, namely, Deepak Gautam has been challenged before this Court by means of filing Crl. Misc. Writ Petition No.16432 of 2019 in which interim protection has been granted to him vide order dated 13.6.2019, copy of which has been produced and the same is taken on record, hence, interim protection may also be granted to the petitioners.
Learned counsel for the caveator as well as learned A.G.A. opposed the prayer for quashing of the F.I.R. 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 :- 14.6.2019/NS