Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23527 of 2018 Petitioner :- Pramod And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nitinjay Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Nitinjay Pandey, learned counsel for the petitioner, Sri Prabhash Pandey, 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 petitioner with a prayer to quash the F.I.R. dated 1.8.2018 registered as case crime no. 311 of 2018 under section 174-A I.P.C., police station Jaithra, District Etah.
Learned counsel for the petitioners submits that an F.I.R. was lodged against the petitioners which was registered as case crime no. 305 of 2018 for the offence under sections 364, 506 I.P.C. at police station Jaithra, District Etah in which twice final report was submitted. He submitted that against the said F.I.R., the petitioners approached this Court and filed Crl. Misc. Writ Petition No. 232 of 2018 in which this Court vide order dated 8.1.2018 had stayed the arrest of the petitioners in the said case and further direction was issued to the A.C.J.M. concerned to consider the objections pertaining to the final report in Misc. Case No. 138 of 2018 and in pursuance of the said order the same was decided on 23.7.2018 by the court below and direction was issued for further investigation in the said case. In the meanwhile, present F.I.R. has been lodged against the petitioners with an allegation that they are absconding in the said case which is absolutely false, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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 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 :- 28.8.2018 Shiraz