Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23938 of 2018 Petitioner :- Rajendra Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Kumar Rai,Girish Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri C.K. Rai, 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 quash the F.I.R. dated 6.8.2018, registered as Case Crime No.774 of 2018, u/s 406, 420, 467, 468, 471 IPC, P.S. Surajpur, district Gautam Buddh Nagar.
Learned counsel for the petitioners submits that the petitioner no.1 is the father and petitioner no.2 is the wife of co-accused Abhishek Bhandari. 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 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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioners is distinguishable from the case of co-accused Abhishek Bhandari.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.8.2018 Gaurav