Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16606 of 2019 Petitioner :- Prem Prakash Pandey And 5 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dilip Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Randhir Jain, Advocate, holding brief of Sri Dilip Kumar Upadhyay, 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 23.5.2019 registered as case crime no. 73 of 2019 under sections 147, 323, 504, 506 I.P.C. and Section 66 (F) of I.T. Act, 2000, police station Phephana, District Ballia.
Learned counsel for the petitioners submits that the petitioner Nos. 1,3 and 4 are the practising lawyer of Hon'ble High Court (Lucknow Bench) and petitioner No. 2 is practising advocate of District Court Ballia. Learned counsel for the petitioners submits that the petitioners are innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Kamarjahan