Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23393 of 2018 Petitioner :- Saroj Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- M.P.S. Chauhan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri M.P.S. Chauhan, learned counsel for the petitioners, Sri G.P. Singh, 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 7.6.2017 registered as case crime no. 452 of 2017 under sections 420, 467, 468, 471, 504, 506 I.P.C., police station Banna Devi, District Aligarh.
Learned counsel for the petitioners submits that the present F.I.R. has been lodged on the basis of application under section 156 (3) Cr.P.C. levelling false and frivolous allegations against the petitioners, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
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 :- 27.8.2018 Shiraz