Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16680 of 2019 Petitioner :- Dilshaad And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- U.C. Chaturvedi Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Vivek Varma,J.
Heard Sri U.C.Chaturvedi, learned counsel for the petitioners, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 30.5.2019, registered as Case Crime No.82 of 2019, under Sections 420, 467, 468, 471 I.P.C., Police Station Mirzapur, District Saharanpur.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that as per the FIR no specific allegation has been levelled against the petitioners regarding payment of money which relates to the accused no.1 Shaukeen. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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.
(Vivek Varma,J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019/NS