Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 2966 of 2021 Petitioner :- Rakesh Verma And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dheerendra Kumar Srivastava,Dinesh Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners and learned AGA for the State.
The present writ petition has been filed by the petitioners, praying for quashing of the First Information Report, registered as Case Crime No. 0250 of 2021, under Sections 380, 457, 458, 504, 506 IPC, P.S. Lanka, District Varanasi, with a further prayer to stay their arrest during pendency of investigation of the said case.
The main allegation in the impugned FIR is regarding theft committed by the petitioners and one unknown person in the house of the first informant.
The sole submission is that the petitioners have been falsely implicated.
We are of the considered opinion that such a contention cannot be examined in writ jurisdiction being matter of investigation.
No other submission has been made.
The petition lacks merit and is dismissed. This is without prejudice to the right of the petitioners to seek anticipatory bail/bail, as may be maintainable or advised. If any such recourse is taken, the bail application shall be disposed of expeditiously, without being influenced by any observation made in the instant order.
(Gautam Chowdhary, J.) (Manoj Kumar Gupta, J.) Order Date :- 26.5.2021 Jaideep/-