Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30566 of 2018 Petitioner :- Om Pal Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Munesh Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 1.7.2016 in Case Crime No. 0518 of 2016, under Sections 420, 406, 467, 468, 471, 477-A, 120-B I.P.C., P.S. Bilsi, District Budaun.
Learned counsel for the petitioners submits that the identically situated co- accused Kishan Yadav @ Krishna Pal and another had filed Writ Petition No. 18118 of 2016 before this Court challenging the F.I.R. of the present case in which their arrest were stayed by this Court vide order dated 10.8.2016, copy of the order has been filed as Annexure-6 to the writ petition.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
From the perusal of the F.I.R. it is clear that prima facie cognizable offence is made out. There is no ground for interference. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, 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.
Order Date :- 27.10.2018 Shalini