Surendra And 2 Others vs State Of U.P. And 2 Others
2018 Latest Caselaw 546 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12413 of 2018
 
Petitioner :- Surendra And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Majahar Ali
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Majahar Ali, 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 15.3.2018, registered as case crime No.133 of 2018, under Sections 452, 354, 379, 506, 427, 323 I.P.C., Police Station Ghanghata, District Sant Kabir Nagar.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. He further submits that there appears to be no allegation under Section 354 I.P.C. against the petitioner and there was some previous animosity between the parties, on account of which the present FIR has been lodged against the petitioners levelling false and frivolous allegation. No offence is made out against the petitioners, hence, FIR is liable to be quashed.

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 :- 15.5.2018/NS