Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38004 of 2018 Petitioner :- Shoeb Khan @ Pappu Neta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Kumar Mishra,Gyanendra Kumar Mishra Counsel for Respondent :- G.A.,Girja Shanker Mishra
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Counter affidavit filed today by learned counsel for the respondent no. 4 is taken on record.
Heard Sri R.K. Mishra, learned counsel for the petitioners, Sri G.S. Mishra, learned counsel for respondent no. 4, Sri N.K. Tiwari, 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 29.11.2018 registered as case crime no. 867 of 2018 under sections 419, 420 467, 468, 471, 506 I.P.C., police station Jhunsi, District Prayagraj.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them. He submits that earlier case of similar nature has also been lodged against the petitioners in which final report has been submitted, hence the present F.I.R. is liable to be quashed by this Court.
Learned counsel for the respondent no. 4 and 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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Shiraz