Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24423 of 2018 Petitioner :- Jai Narayan And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Saran Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Certified copy of the F.I.R. has been produced by learned counsel for the petitioners which is taken on record.
Heard Sri Vinay Saran, learned counsel for the petitioners, Sri N.K. Verma, 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 26.8.2018 registered as case crime no. 258 of 2018 under sections 147, 148, 149, 452, 307, 504, 506 I.P.C., police station Kotwali Nagar, District Hamirpur.
Learned counsel for the petitioners submits that earlier an F.I.R. was lodged by respondent no. 4 against the petitioners which was challenged by them before this Court in Crl. Misc. Writ Petition No. 22847 of 2018 in which their arrest was stayed by this Court vide orders dated 21.8.2018 and 28.8.2018 copies of which are annexed at pages-77 and 79 of the present petition. Thereafter on similar allegation, the present F.I.R. has been lodged by respondent no. 4 against the petitioners levelling false and frivolous allegations just to harass them though it is a case of no injury, hence the same is liable to be quashed by this Court.
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 they 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 :- 5.9.2018 Shiraz