Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20687 of 2018 Petitioner :- Smt. Varisha And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogendra Pal Singh Counsel for Respondent :- G.A.,Mohammad Arshad Khan Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Learned counsel for the petitioners is permitted to delete the Petitioner No. 3, Shahnawaz from the array of parties during the course of the day as he has already been arrested by the police.
Heard learned counsel for the petitioner nos. 1 & 2, 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 nos. 1 & 2 with a prayer to quash the F.I.R. dated 30.07.2018 registered as case crime no. 808 of 2018 under sections 323, 307, 342, 120B I.P.C., Police Station Lisari Gate, District Meerut.
Learned counsel for the petitioners submits that the petitioners are innocent and the present FIR has been lodged with a malafide intention for the purpose of harassment, hence the same is liable to be quashed. It has been further contended that the husband of the victim has got himself bailed out.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioner nos. 1 & 2 shall not be arrested in the above mentioned case till submission of 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 :- 31.7.2018 S.K.