Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16125 of 2019 Petitioner :- Rajiv Kumar @ Khiladi And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Birendra Singh,Akash Deep Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Akash Deep Srivastava, learned counsel for the petitioners, Ms Archana Singh, 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 21.5.2019 registered as case crime no. 115 of 2019 under sections 364, 447, 448, 34 IPC, P. S. Naraini, District Banda.
It is contended by learned counsel for the petitioners that arrest of co accused persons in same case Crime has already been stayed by this court and hence the petitioners are also entitled to the same protection respite. He has also drawn our attention towards Annexure no. 2, which is the copy of the order dated 29.5.2019 passed in Criminal Misc Writ Petition Nos. 15094 of 2019 with regard to co accused persons.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case by respondent no. 4 by levelling false and frivolous allegations just to harass them, 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 RavindraKSingh