Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23116 of 2018 Petitioner :- Mahtap And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Shukla,Gaurav Maurya Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sameer Jain holding brief of Sri Gaurav Maurya, learned counsel for the petitioners, Sri N.K. Verma, 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. dated12.8.2018, registered as Case Crime No.309 of 2018, u/s 323, 452 IPC, P.S. Magorra, district Mathura.
Learned counsel for the petitioners submits that the impugned FIR does not demonstrate any prima-facie cognizable offence against the petitioners. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 :- 24.8.2018 Gaurav