Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20370 of 2018 Petitioner :- Nitish Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Manoj Kumar, 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 23.6.2018, registered as Case Crime No.517 of 2018, u/s 279, 337, 338, 427 IPC and 2/3 Prevention of Damages of Public Property Act, 1984, P.S. Cantt. District Gorakhpur.
Learned counsel for the petitioners submits that it is a case of no injury, the said fact is mentioned in para no.5 of the present petition. The allegations levelled against the petitioners 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 :- 30.7.2018 Gaurav