Nesar And 6 Others vs State Of U.P. And 3 Others
2018 Latest Caselaw 1057 ALL

Citation : 2018 Latest Caselaw 1057 ALL
Judgement Date : 29 May, 2018

Allahabad High Court

Nesar And 6 Others vs State Of U.P. And 3 Others on 29 May, 2018

Bench: Ramesh Sinha, Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14106 of 2018
 
Petitioner :- Nesar And 6 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Arif Ikbal
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Arif Ikbal, learned counsel for the petitioners, Sri A.K.Sand, 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 28.4.2018, registered as case crime No.67 of 2018, under Sections 147, 308, 395, 323 I.P.C., Police Station Sarai Meer, District Azamgarh.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention.The allegation levelled against the petitioners are absolutely false, frivolous and baseless. He further submits that the identically situated co-accused persons have already challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.13207 of 2018, which has been disposed of by this Court vide order dated 22.5.2018 staying the arrest of the said co-accused persons, copy of which has been produced and the same is taken on record, hence, the petitioners are also entitled for the same relief.

Learned A.G.A.opposed the prayer for quashing of the FIR but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.

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 :- 29.5.2018/NS