Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14183 of 2018 Petitioner :- Munna And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Shri Kamlesh Kumar Tiwari, learned counsel for the petitioners, Sri Vikas Sahai, 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 petitioner with a prayer to quash the F.I.R. dated 26.3.2017 registered as case crime no.
147 of 2017, under Sections 420,467,468,471,120B, 323,504,506 IPC, P.S. Sadar Bazar, District Saharanpur.
Learned counsel for the petitioners submits the they have been falsely implicated on the basis of false and fabricated story and they have not been committed any offence alleged in the F.I.R. The present F.I.R. has been lodged against them only to make pressure to withdraw the case filed against her. He further submitted that the present F.I.R. has been lodged on the basis of 156 (3) Cr.P.C.
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 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 :- 29.5.2018 A.P. Pandey