Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13888 of 2018 Petitioner :- Chandan And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Puneet Bhadauria Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Puneet Bhadauria, learned counsel for the petitioners, Ms. Anjali Upadhyay, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer for quashing the impugned FIR dated 29.12.2017 registered as case crime no. 502 of 2017 under sections 364, 506 I.P.C. and 3 (1) (d) and (e) S.C./S.T. Act, police station Ahirauli Bazaar, District Kushinagar.
It has been submitted by the learned counsel for the petitioners that the victim was employed at the shop of the petitioners. He was caught red handed while committing theft in the shop and on account of fear he absconded and is living at his relative's house at Jalendhar (Punjab). The petitioners have been falsely implicated in the present case by respondent no. 4 lodging the present F.I.R. after three months of the incident, hence the same is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no. 3 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner nos. 1 and 2 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 28.5.2018 Shiraz