Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16009 of 2019 Petitioner :- Jwala Singh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Surendra Kumar Tripathi, learned counsel for the petitioners, Sri G.P. Singh, 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 prayer to quash the F.I.R. dated 05.03.2019 registered as case crime no. 0088 of 2019 under section 366 I.P.C., Police station Khandauli, District Agra.
Learned counsel for the petitioners submits that son of petitioner no. 2 has already been chargesheeted and he is in jail and the petitioners are his family members. The present F.I.R. has been lodged levelling false and frivolouos allegations, hence, the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that petitioners shall not be arrested in above mentioned case, till 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 :- 10.6.2019 Madhurima