Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16729 of 2019 Petitioner :- Chhuttan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Manish Kumar Dwivedi, learned counsel for the petitioners, Sri Om Prakash-I, 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 02.05.2019 registered as case crime no.0086 of 2019 under sections 379, 411 I.P.C., police station Paschim Sharira, District Kaushambi.
It is argued by the learned counsel for the petitioners that the petitioners have been falsely implicated in this case. He submits that the FIR has been lodged with delay of 22 days.
Learned A.G.A. opposed the prayer for quashing the FIR 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.
(Pradeep Kumar Srivastava,J.) (Dinesh Kumar Singh-I, J.) Order Date :- 14.6.2019 AU