Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26506 of 2018 Petitioner :- Rakesh Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Usha Srivastava,Arjit Srivastava,Saurabh Tripathi,Vinod Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Arjit Srivastava, 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 5.9.2018, registered as Case Crime No.604 of 2018, u/s 395, 323, 504, 506, 427 IPC, P.S. Kotwali Karwi, district Chitrakoot.
Learned counsel for the petitioners submits that the impugned FIR does not demonstrate any prima-facie cognizable offence against the petitioners. The Investigating Officer without collecting any credible evidence, unnecessarily harassing and threatening the petitioners to arrest in the alleged occurrence. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Gaurav