Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25697 of 2018 Petitioner :- Pintu Singh And 9 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Mishra,Ritesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit filed by learned counsel for the petitioners today in court, which is taken on record.
Heard Sri Rakesh Kumar Mishra, 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 stay the arrest of the petitioners/applicants in pursuance to the impugned F.I.R. dated 06.09.2018 lodged by respondent no.3 in Case Crime No. 167/2018, U/s 143, 153-B, 147, 148, 149, 186, 188, 307, 336, 353, 341 I.P.C., 7 Criminal Law Amendment Act and U/s 3/5 Prevention of Public Property Damages Act, 1984.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case by Police personnel. He further submits that the injuries sustained by the injured are simple in nature and there is only complaint of pain. 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 F.I.R.
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 :- 17.9.2018 Ashok Gupta