Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23064 of 2018 Petitioner :- Vishal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Yadav,Mahendra Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V.K.Yadav, learned counsel for the petitioners, Sri Deepak Mishra, 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 1.8.2018, registered as case crime No.380 of 2018, under Sections 376, 511, 323, 504, 506 I.P.C., P.S. Kotwali Gursahaiganj, District Kannauj.
Learned counsel for the petitioners submits that the petitioner nos. 1 and 2 are real brothers and petitioner no.3 is cousin brother and it is highly improbable that they can commit such an offence together. He further submitted that the alleged incident has taken place on 24.7.2018 whereas the FIR was lodged on 1.8.2018 but there is no explanation for the delay in lodging the FIR. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 24.8.2018/ NS