Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33678 of 2018 Petitioner :- Ivon Massey And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhiraj Singh,Vijay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Learned counsel for the petitioners is permitted to correct the prayer.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is preferred with a prayer to quash the FIR dated 17th December, 2017 lodged at Police Station-Mutthiganj, District- Allahabad bearing case crime no. 0244 of 2017 for the offences punishable under sections 147, 419, 420, 467, 468, 471, 504, 506 IPC.
A bare perusal of the averments contained in the FIR, it discloses alleged commission of cognizable offence and as such we are not inclined to quash the same. However, considering the fact that the present petitioners are not named in the FIR and further that other co-accused persons similarly situated are having an interim order in their favour to the extent of staying their arrest, we are inclined to stay the arrest of the present petitioners. Petitioners, however, shall cooperate with the investigating agency during course of investigation.
Writ petition is disposed of accordingly.
Order Date :- 26.11.2018 HR