Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2410 of 2019 Petitioner :- Kailash Ram And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amish Kumar Srivastava,Suresh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Srivastava, learned counsel for the petitioners, Sri Prabhash Pandey, 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 20.4.2018 registered as case crime no. 104 of 2018 under sections 406 I.P.C., police station Jhanagang, District Azamgarh.
Learned counsel for the petitioners submits that the present F.I.R. has been lodged by respondent no. 3 against the petitioner on the basis of application under section 156 (3) Cr.P.C. levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
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 :- 29.1.2019 Shiraz