Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16173 of 2019 Petitioner :- Rinku Kashyap @ Rakesh Kashyap And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atul Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Atul Kumar Srivastava, learned counsel for the petitioners, Sri Irshad Hussain, 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 16.1.2019 registered as case crime no. 0037 of 2019 under sections 498A, 323, 504, 506 I.P.C. and Section 3 and 4 D.P. Act, police station Sadar Bazar, District Shahjahanpur.
Learned counsel for the petitioners submit that the petitioners are innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment.
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 he 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 Deepika