Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23101 of 2018 Petitioner :- Dinesh Chandra Mishra 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Pati Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.P. Tiwari, learned counsel for the petitioners, Sri Deepak Mishra, 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 19.1.2010, registered as Case Crime No.11 of 2010, u/s 330, 342, 218, 34 IPC and 3/25 Arms Act, P>S. Bela District Auraiya.
Learned counsel for the petitioners submits that the petitioners have arrested the two accused persons in a criminal case who were sent to jail and after their release, they moved an application before the Anti- Corruption Organisation, Kanpur and the police submitted final report in the said case, thereafter on the protest petition filed by the informant, the said final report has been rejected by the competent court an the accused persons have been summoned by the court below.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 :- 24.8.2018 Gaurav