Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14210 of 2018 Petitioner :- Vishal And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjay Kumar Srivastava, learned counsel for the petitioners, Sri Vikas Sahai, 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 petitioners with a prayer to direct the respondents not to arrest the petitioners pursuant to impugned F.I.R. dated 20.05.2017 registered as case crime no. 397 of 2018 under sections 395, 323, 504 and 506 I.P.C., police station Jewar, District Gautam Buddha Nagar.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. The allegations levelled against the petitioners are absolutely false, frivolous and baseless. He further submitted that respondent no.4 along with some other persons have kidnapped the daughter of the petitioner no.1 and subsequently, she (daughter of the petitioner no.1) was recovered. Learned counsel for the petitioners next stated that the F.I.R. dated 20.05.2018 is wholly false and the same has been lodged only to create pressure upon the petitioner to withdraw the criminal case no. 380 of 2017 lodged by the petitioner no.1.
Learned A.G.A. opposed the prayer.
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 he 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 :- 29.5.2018 A. Mandhani