Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10445 of 2018 Petitioner :- Ram Belas Yadav And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashwani Kumar Pathak Counsel for Respondent :- G.A,Sachida Nand Tripathi
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashwani Kumar Pathak, learned counsel for the petitioners, Sri Sachida Nand Tripathi, learned counsel for the private respondent, 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 by the petitioner with a prayer to quash the F.I.R. dated 28.2.2018 registered as case crime no. 0102 of 2018 under sections 147, 148, 149, 323, 504, 506, 394, 452 IPC, police station Belipar, District Gorakhpur.
Learned counsel for the petitioner submits that the impugned FIR has been lodged on the basis of an application under section 156 (3) Cr.P.C. with malafide intention by respondent no.3 against the petitioner. It is further submitted that the allegation levelled against the petitioners is absolutely false, frivolous and baseless. From the perusal of the FIR, no offence is made out against the petitioner, hence the same be quashed.
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. (Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 AU