Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10331 of 2018 Petitioner :- Umendra Singh Pal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pramod Kumar Gupta,Kalika Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri P.K. Gupta, learned counsel for the petitioners, Sri G.P. 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 by the petitioner with the prayer for quashing the FIR dated 3.4.2018, in case crime no.414 of 2017, u/s 493, 376, 323, 504 IPC and 3/4 D.P. Act, P.S. Kotwali Chhibaramau, district Kannauj.
Learned counsel for the petitioners submits that petitioners have earlier approached this Court by filing Criminal Misc. Writ Petition No.12470 of 2017 in which their arrest was stayed by coordinate Bench of this Court on 11.7.2017, copy of the said order is annexed on page 29 of the present petition but subsequently offence u/s 376 IPC has been added, hence present petition has been filed by the petitioners. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 :- 24.4.2018 Gaurav