Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37155 of 2018 Petitioner :- Nusrat Ali And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Misra,Anita Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dinesh Kumar Misra, 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 29.5.2018 registered as case crime no. 0090 of 2018, under sections 147, 323, 452, 506 I.P.C., police station Nonhara, District Ghazipur.
Learned counsel for the petitioner submits that as per the F.I.R., no offence is made out against the petitioners. The allegations made against the petitioners are absolutely, frivolous and baseless, hence, present F.I.R. be quashed.
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 :- 18.12.2018 Manoj