Prithviraj And 2 Others vs State Of U.P. And 2 Others
2018 Latest Caselaw 1079 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14066 of 2018
 

 
Petitioner :- Prithviraj And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Chandra Prakash Pandey
 
Counsel for Respondent :- G.A.,Suresh Chandra Dwivedi
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri C.P. Pandey, learned counsel for the petitioners,Sri S.C.Dwivedi, learned counsel for respondent no.3, 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 17.5.2018, registered as case crime No.191 of 2018, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Kotwali Tirwa, District Kannauj.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that respondent no.3 and his family members had earlier lodged several FIR's against the petitioners for the similar offences, in which arrest of the petitioner has already been stayed by this , hence, the present FIR lodged against the petitioner be also quashed.

Learned counsel for respondent no.3 as well as learned A.G.A.opposed the prayer for quashing of the FIR and submitted that the petitioner is having criminal history of 12 criminal cases.

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