Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24440 of 2018 Petitioner :- Sunil Kumar Patel And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avanish Kumar Upadhyay,Raj Kumar Upadhyay Counsel for Respondent :- G.A.,Manoj Kumar Singh
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Raj Kumar Upadhyay, learned counsel for the petitioners, Sri Manoj Kumar Singh, learned counsel for the caveator, 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 by the petitioner with a prayer to quash the F.I.R. dated 19.7.2018 registered as case crime no.0194 of 2018 under sections 419, 420, 467, 468, 471 I.P.C., police station Mirzamurad, District Varanasi.
Learned counsel for the petitioners submits that the impugned FIR has been lodged on the basis of an application under section 156 (3) Cr.P.C. with malafide intention by respondent no.3 against the petitioners. It is further submitted that the allegation levelled against the petitioners is absolutely false, frivolous and baseless. From the perusal of the FIR, no offence is made out against the petitionesr, hence the same be quashed.
Learned A.G.A. as well as learned counsel for the caveator 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 :- 5.9.2018 AU