Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16448 of 2019 Petitioner :- Jitendra Nath Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Tripathi,Praveen Kumar Singh Counsel for Respondent :- G.A.,Manu Sharma
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Gaurav Tripathi, learned counsel for the petitioners, Sri Manu Sharma, learned counsel for the caveator, Mrs. Archana Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 26.5.2019, registered as Case Crime No.211 of 2019, under Sections 307,452, 506, 504, 323 I.P.C., Police Station Kotwali Mau, District Mau.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that though the F.I.R. of the present case was registered under Section 307 I.P.C. but it is a case of no injury. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned counsel for the caveator as well as learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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.
(Vivek Varma,J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019/NS