Umesh Alias Sonu And 2 Others vs State Of U.P. And 3 Others
2018 Latest Caselaw 1071 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14081 of 2018
 

 
Petitioner :- Umesh Alias Sonu And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Surya Bhan Dubey,Chandra Bhan Dubey
 
Counsel for Respondent :- G.A.,J.B. Singh
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri S.B.Dubey, learned counsel for the petitioners,Sri N.K.Verma, 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 29.4.2018, registered as case crime No.574 of 2018, under Sections 147, 447, 406, 504, 506 I.P.C., Police Station Phase-III, District Gautam Buddh Nagar.

Learned counsel for the petitioners submits that an identical FIR has also been lodged against the petitioners, which was challenged by the petitioners before this Court by means of filing Crl. Misc. Writ Petition No.2347 of 2018 in which their arrest has been stayed, copy of which is annexed as Annexure-2 to the writ petition and this is the another FIR lodged against the petitioner, hence, arrest of the petitioner may also be stayed 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 :- 29.5.2018

NS