Munnilal Gautam And 2 Others vs State Of U.P. And 3 Others
2018 Latest Caselaw 774 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13112 of 2018
 

 
Petitioner :- Munnilal Gautam And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Anil Kumar Ojha
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Vivek Tripathi, holding brief of Sri A.K.Ojha, learned counsel for the petitioners, Sri G.P.Singh, 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 3.4.2018, registered as case crime No.361 of 2018, udner Sections 147, 148, 341, 186, 188, 353, 427 I.P.C., Section 3 Prevention of Public Property (Damages) Act, 1932, P.S. Loni, District Ghaziabad.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention for the purpose of harassment. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. He next argued that the some of accused persons with respect to the incident which has taken place on 2.4.2018 across the country have approached this Court by means of filing Crl. Misc. Writ Petition No.12181 of 2018 in which interim order has been passed by Coordinate Bench of this Court vide order dated 14.5.2018, copy of which has been produced and the same is taken on record, hence, arrest of the petitioners may also be stayed by this Court. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.

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.

Though we have dismissed some of the petitionswith respect to the incident which has taken place on 2.4.2018 across the country, but as the Coordinate Bench of this Court has passed an interim order in Crl. Misc. Writ Petition No.12181 of 2018 on 14.5.2018, hence, we think it proper that the petitioners may also be granted indulgence by this Court.

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 :- 22.5.2018/NS