Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16663 of 2019 Petitioner :- Mohd. Iliash And 4 Others Respondent :- State Of U.P. 3 Others Counsel for Petitioner :- Avinash Chandra Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri A.C. Srivastava, learned counsel for the petitioners, Sri Irshad Hussain, 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 2.6.2019 registered as case crime no. 433 of 2019 under sections 419, 420, 467, 468, 471, 386, 120-B I.P.C., police station Bhelupur, District Varanasi.
Learned counsel for the petitioners submits that earlier an F.I.R. was lodged by petitioner no. 1 against respondent no. 4 which was registered as case crime no. 580 of 2008 for the offence under sections 147, 419, 420, 504, 506, 452, 323 I.P.C. on account of which as a pressure tactics the petitioners have been falsely implicated in the present case by respondent no. 4 levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
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 they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Shiraz