Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16176 of 2019 Petitioner :- Dheeraj Kumar Jaiswal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Rajesh Kumar Singh, 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 by the petitioner with a prayer to quash the F.I.R. dated 25.5.2019 registered as case crime no. 585 of 2019 under sections 447 I.P.C. and Section 3 Prevention of Damages to Public Property Act, 1984, police station Phase-III, District Gautam Buddha Nagar.
Learned counsel for the petitioner submits that the petitioners are innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing.
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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 Deepika