Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26702 of 2018 Petitioner :- Nikhil Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Rai Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Abhishek Rai, 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. dated 18.8.2018, registered as Case Crime No.203 of 2018, u/s 323, 452, 504, 506 IPC and 3(1)(d) SC/ST Act, P.S. Barhaj, district Deoria.
Learned counsel for the petitioners submits that the Investigating Officer without collecting any credible evidence, unnecessarily harassing and threatening the petitioners to arrest in the alleged occurrence. From the perusal of the FIR it is apparent that no offence is made out against the petitioner. 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 :- 25.9.2018 Gaurav