Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26724 of 2018 Petitioner :- Shaukeen And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Mohd. Naushad,Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Mohd. Naushad, learned counsel for the petitioners, 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 with the prayer to quash the F.I.R. dated 10.9.2018, registered as Case Crime No.621 of 2018, u/s 420 IPC and 63, 64, 65 Copy Right Act, 1957 and 103, 104 of Trade Mark Act, 1999, P.S. Hasanpur, district Amroha.
Learned counsel for the petitioners submits that the impugned FIR does not demonstrate any prima-facie cognizable offence against the petitioners. From the perusal of the FIR it is apparent that no offence is made out against the petitioners. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, 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 :- 25.9.2018 Gaurav