Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 29438 of 2018 Petitioner :- Sonu Deda And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Kumar Tyagi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard Sri P.K. Tyagi, learned counsel for the petitioners, Sri Jai Narain, 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 26.9.2018 registered as case crime no.0348 of 2018 under sections 420, 430, 431, 432 I.P.C. and 3/4 Prevention of Damage to Public Property Act, police station Nalez Park, District Gautam Budh Nagar.
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, 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.
Order Date :- 12.10.2018 Shalini