Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26874 of 2018 Petitioner :- Kishan Singh And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Anil Kumar Srivastava,Ram Bahadur Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, 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 impugned F.I.R. dated 16.08.2018 registered as case crime no. 168 of 2018, under Section 392 I.P.C. and Section 3/25 Arms Act, Police Station Deogaon, District Azamgarh.
Learned counsel for the petitioners submit that the petitioners are innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment. He further submit that petitioners were not named in the FIR and the informant respondent No.3 had filed an affidavit before the District Magistrate, Azamgarh, whereby he has denied the participation of the petitioners.
Learned A.G.A. opposed the prayer for quashing.
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 he 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 :- 25.9.2018 Shubhankar Thakur