Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16619 of 2019 Petitioner :- Sudhir And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Anand Priya Singh,Anurudh Kumar Prajapati Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Anand Priya Singh and Anurudh Kumar Prajapati, learned counsel for the petitioners, 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 4.5.2019 registered as case crime no. 78 of 2019 under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, police station Mirchauli, District Etah.
Learned counsel for the petitioners submits that there is only one case against the petitioners i.e. case crime No. 226 of 2018, under Sections 147, 148, 149, 323, 504, 307, 302 I.P.C. and in this case they are on bail. Learned counsel for the petitioner further submits that the petitioners are innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Kamarjahan