Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16045 of 2019 Petitioner :- Zeeshan Chaudhary And 23 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Akhilesh Singh,Shivam Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Shivam Yadav, learned counsel for the petitioners, Sri Deepak Mishra, 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 quash the F.I.R. dated 15.5.2019 registered as case crime no. 0181 of 2019 under sections 409, 420, 467, 468, 471 IPC, P.S. Civil Lines, District Budaun.
It is contended by learned counsel for the petitioners that arrest of co accused persons in same case Crime has already been stayed by this court and hence the petitioners are also entitled to the same protection respite. He has also produced the copies of the orders dated 31.5.2019 and 30.5.2019 passed in Criminal Misc Writ Petition Nos. 15545 of 2019 and 15184 o 2019 respectively with regard to co accused persons.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 RavindraKSingh