Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 6000 of 2017 Petitioner :- Umesh Kumari And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anuj Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri A.K.Gupta, learned counsel for the petitioners, Sri Imran Syed, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 22.3.2017 registered as Case Crime No.323 of 2017, under Sections 193, 196, 200, 420, 467, 468, 471, 120B I.P.C., Police Station-
Sambhal, Kotwali, District Bheem Nagar.
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 a malafide intention by respondent no.3 against the petitioners. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. From perusal of the FIR, no offence is made out against the petitioners, hence, the same 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 they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Mrs. Rekha Dikshit,J.) (Ramesh Sinha, J.) Order Date :- 19.4.2017/NS