Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23006 of 2018 Petitioner :- Sunil Kumar And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Prakash Pandey Counsel for Respondent :- G.A.,Shivajee Singh Sisodiya
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Satya Prakash Pandey, 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 12.4.2016 registered as case crime no. 196 of 2016 under sections 406 & 420 I.P.C., police station Firozabad South, District Firozabad.
Learned counsel for the petitioner submits that the petitioners are the police personnel and the deceased died due to heart attack. It is further submitted 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 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 :- 23.8.2018 Deepika