Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 28113 of 2018 Petitioner :- Kuldeep Singh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Srivastava Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Amit Srivastava, learned counsel for the petitioners and Sri Amit Sinha, learned A.G.A. for the respondent nos. 1 & 2.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 11.08.2018 in respect of Case Crime No. 215 of 2018 for the offence under Sections 379, 353 I.P.C., P.S. Jagner, District Agra.
Learned counsel for the petitioners submits that the petitioners are the drivers of the trucks in question on which bricks were loaded. He submits that co-accused, the owner of the truck, has already been protected by this Court. Lastly, it has been argued that allegations levelled against the petitioners are false and frivolous.
Learned A.G.A. opposes the petition.
Considering the argument advanced by learned counsel for the parties and nature of allegation, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 12.10.2018 S.K.