Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14342 of 2018 Petitioner :- Dharmendra Kumar Rawat And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjay Srivastava, learned counsel for the petitioners, Sri G.P. Singh, 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 23.5.2018 registered as case crime no. 102 of 2018 under sections 420, 504, 506 I.P.C., police station Kidwai Nagar, District Kanpur Nagar.
It has been submitted by the learned counsel for the petitioners that the petitioners have been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against him. He submits that petitioner no. 3 is aged about 75 years.
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. 2 and 3 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 :- 30.5.2018 Shiraz