Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26495 of 2018 Petitioner :- Totaram Sharma And 03 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Amit Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Bhuvnesh Kumar, holding brief of Sri Amit Srivastava, learned counsel for the petitioners, Sri Gambhir Singh, 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 with the prayer to quash the F.I.R. dated 11.8.2018, registered as Case Crime No.215 of 2018, u/s 379, 353 IPC, P.S. Jagner, district Agra.
Learned counsel for the petitioners submits that petitioners are the owner of the truck in question on which bricks were loaded. They are having relevant documents of the truck in question but the same has been seized by respondent no.3 and the same is still seized till date. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 :- 24.9.2018 Gaurav