Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10521 of 2018 Petitioner :- Kuldeep And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suresh Chandra Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.C. Pandey, 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 with the prayer to quash the F.I.R. dated 11.4.2018, registered as Case Crime No.362 of 2018, u/s 147, 148, 323, 452, 354, 504, 506 IPC, P.S. Kotwali, district Mathura.
Learned counsel for the petitioners submits that cousin brother of respondent no.4 is having criminal antecedents and they were being tried for the murder case of the family member of the petitioers in which they have been convicted on 10.4.2018 by the competent court and are in jail. Thereafter just for the harassment of the petitioners, present FIR has been lodged against them who have no criminal antecedents, hence present FIR lodged against the petitioners be quashed.
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 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 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 :- 25.4.2018 Gaurav