Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25332 of 2018 Petitioner :- Sanjeev Srivastava And 04 Others Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Atul Mehra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Atul Mehra, learned counsel for the petitioners, Sri A.K. Sand, 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 11.8.2018, registered as Case Crime No.1160 of 2018, u/s 420, 406 IPC, P.S. Phase III Noida, district Gautam Budh Nagar.
Learned counsel for the petitioners submits that the Investigating Officer without collecting any credible evidence, unnecessarily harassing and threatening the petitioners to arrest in the alleged occurrence. From the perusal of the FIR it is apparent that no offence is made out against the petitioners, 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 :- 12.9.2018 Gaurav