Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10916 of 2018 Petitioner :- Chandrapal Alias Pappu And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- M.P.S. Chauhan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.C. Pandey, holding brief of Sri M.P.S. Chauhan, learned counsel for the petitioners, Sri G.P. Singh, 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 with the prayer to quash the F.I.R. dated 6.1.2018, registered as Case Crime No.05 of 2018, u/s 323, 504, 506, 406, 467, 468, 471 IPC, P.S. Gabhana, district Aligarh.
Learned counsel for the petitioners submits that the present FIR has been lodged on the basis of application moved u/s 156(3) Cr.P.C. with malafide intention. From the perusal of the FIR, no offence is made out against the petitioners, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. opposed the prayer for quashing 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 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 :- 30.4.2018 Gaurav