Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22994 of 2018 Petitioner :- Ramprakash Tripathi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shyam Surat Shukla,Shailendra Kumar Ojha Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, 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 21.6.2018 registered as case crime no. 691 of 2018 under sections 452, 504, 506, 120-B, 447, 448 I.P.C., police station Kalyanpur, District Kanpur Nagar.
Learned counsel for the petitioner submits that earlier also an FIR was lodged by the petitioners which was challenged in this Court vide Criminal Misc. Writ Petition No.19741 of 2018 and an interim order was passed on 24.7.2018, copy of the order has been produced, which may be taken on record. It is further contended that the petitioner is innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to 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 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 :- 23.8.2018 Deepika