Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22876 of 2018 Petitioner :- Poonam And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, 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 15.01.2018 registered as case crime no.63 of 2018 u/ss. 406, 420, 338, 506, 120B IPC, PS. Nibohara, District Agra.
Learned counsel for the petitioners submits that respondent no.3 is a police constable and he is misusing the process of law as two FIRs have already been filed by him against the petitioners which have been challenged before this Court and the arrest of the petitioners have been stayed. This is the third FIR lodged by respondent no.3 against the petitioners, hence, the same may be quashed.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but they 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 :- 23.8.2018 Madhurima