Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10541 of 2018 Petitioner :- Rajendra Singh And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahendra Pal Singh Gaur Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri M.P. Singh Gaur,learned counsel for the petitioners, Sri G.P.Singh,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 20.2.2013, registered as Case Crime No.108 of 2013, under Sections 420, 467, 468 I.P.C., Police Station Ujhani, District Budaun.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. He further submits that the impugned FIR has been lodged on the basis of an application under Section 156(3) Cr.P.C. with a malafide intention. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. From perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 :- 25.4.2018/NS