Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2413 of 2019 Petitioner :- Shayam Bahadur And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Prasad Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dharmendra Prasad, learned counsel for the petitioners, Sri Prabhash Pandey, 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 17.1.2019 registered as case crime no. 17 of 2019 under sections 392, 354, 354 (K), 452, 504, 506 I.P.C., police station Machhli Shahar, District Jaunpur.
Learned counsel for the petitioners submits that earlier an F.I.R. was lodged by petitioner no. 3 against respondent no. 3 on 16.1.2019 for the offence under sections 147, 323, 504, 506, 427, 379 I.P.C. and 3 (1) (Da), 3 (1) (Dha) S.C./S.T. Act copy of which is annexed at page-33 of the present petition, hence as a counter blast, the present F.I.R. has been lodged by respondent no. 3 against petitioners on the next day levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
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 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 :- 29.1.2019 Shiraz