Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19957 of 2019 Petitioner :- Gullu Prasad Agarwal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Tiwari Counsel for Respondent :- G.A.,Anjali
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Rajesh Kumar Tiwari, learned counsel for the petitioners, Sri Nagesh Kumar, Advocate, holding brief of Ms. Anjali and Sri A.R. Chaurasia, 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 05.05.2019 registered as case crime no. 265 of 2019, under sections 419, 420, 467, 468, 471, 120B I.P.C., police station Sigra, District Varanasi.
Learned counsel for the petitioners submits that the FIR was lodged by the respondent no.3 against the petitioners in the year 2016 for identical offence in Case Crime No. 144 of 2016, under Sections 419, 420, 467, 471, 504, 506, 452, 427 IPC with respect to the incident took place on 08.02.2013, in which charge-sheet has already been submitted and they have got themselves bailed out and the said FIR was lodged under Section 156(3) Cr.P.C. by respondent no.3. It is stated that second FIR is misuse of process of law, hence the same is liable to be quashed by this Court.
Learned A.G.A. as well as counsel for the caveator opposed the prayer for quashing and submitted that during the course of investigation some forgery has been done in the record of Nagar Nigam.
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.
The case of the petitioners is distinguished from the case of other accused persons who are not named in the earlier FIR.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2019 A. Tripathi