Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22935 of 2018 Petitioner :- Prithviraj And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri C.P.Pandey, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 10.8.2018, registered as case crime No.425 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali Tirwa, District Kannauj.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that earlier 10 FIRs were lodged by respondent no.3 against the petitioners for the same plot in which their arrest as well as proceedings of the case have been stayed by this Court at regular interval and this is another FIR with similar allegation, hence, interim protection may be granted to them. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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 :- 23.8.2018/NS