Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16195 of 2019 Petitioner :- Jitendra Giri @ Kallu Giri And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Joveen Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Supplementary Affidavit filed today which is taken on record.
Heard Sri Joveen Kumar, learned counsel for the petitioners, Sri Irshad Hussain, 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 10.5.2019 registered as case crime no.159 of 2019 u/ss. 147, 149, 323, 427, 392 IPC, PS. Tharwai, District Prayagraj.
Learned counsel for the petitioners submits that an FIR was lodged from the side of the petitioners against respondent no.3 being Case Crime No.158 of 2019 which was challenged by respondent no.3 and others, by means of Writ Petition No.13676 of 2019 in which their arrest has been stayed by a co-ordinate Bench vide order dated 21.5.2019. Subsequently, respondent no.3 also lodged the present FIR against the petitioners and the matter has been compromised between the parties.
Copy of the aforesaid order has been produced and taken on record. Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of 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 Madhurima