Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13835 of 2018 Petitioner :- Vishnu And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Misra,Ramesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri C.P. Misra, learned counsel for the petitioners, Ms. Anjali Upadhyay, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 18.3.2018, registered as Case Crime No.115 of 2018, u/s 376, 511, 147, 323, 504 IPC, P.S. Kotwali Padrauna, district Kushinagar.
Learned counsel for the petitioners submits that earlier an FIR was lodged from the side of the petitioners against the husband of respondent no.3 and other persons which was challenged by them in Criminal Misc. Writ Petition No.5966 of 2018 in which interim protection has been granted in their favour by coordinate Bench of this Court on 13.3.2018, hence present FIR has been lodged by the informant against the petitioners as a pressure tactics, hence present FIR lodged against the petitioners 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 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 :- 28.5.2018 Gaurav