Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25813 of 2018 Petitioner :- Kapil Attrey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Purushottam Mani Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri P.M. Tripathi, learned counsel for the petitioners, Sri Pawan Shukla, 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 31.7.2018 registered as case crime no. 168 of 2018 under sections 420, 406, 506, 120-B I.P.C., police station Mirzapur, District Saharanpur.
Learned counsel for the petitioners submits that the present F.I.R. has been lodged on the basis of application under section 156 (3) Cr.P.C. after one year and ten months of the incident.
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.
Learned counsel for the petitioner is permitted to make necessary correction in the present petition.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018 Shiraz