Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26491 of 2018 Petitioner :- Jitendra Saini And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sunil Kumar, learned counsel for the petitioners,Sri G.P.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 7.9.2018, registered as case crime No.609 of 2018, under Sections 393, 34 I.P.C., P.S. Hasanpur, District Amroha (J.P.Nagar).
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 submitted that there was some dispute between the respondent no.3 and the brother of petitioner no.2, namely, Manoj with respect to salary of Manoj, in which petitioner no.2 along with his friend, i.e., petitioner no.1 interfered, on account of which they have been falsely implicated in the present case. He next argued that the co- accused, namely, Manoj has already been arrested by the police in the present case and sent to jail. The petitioners have no criminal history. 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.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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 :- 24.9.2018/NS