Mantu Singh And Another vs State Of U.P. And 3 Others
2018 Latest Caselaw 790 ALL

Citation : 2018 Latest Caselaw 790 ALL
Judgement Date : 22 May, 2018

Allahabad High Court

Mantu Singh And Another vs State Of U.P. And 3 Others on 22 May, 2018

Bench: Ramesh Sinha, Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13122 of 2018
 
Petitioner :- Mantu Singh And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Suresh Chandra Pandey
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri S.C.Pandey, 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 8.5.2018, registered as case crime No.80 of 2018, under Sections 376, 506 I.P.C., Police Station Haliya, District Mirzapur.

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 earlier an FIR was lodged by petitioner no.2 against the husband of respondent no.4 and otehrs for the offence under Section 457, 380 I.P.C. which was registered as case crime No.359 of 2017, copy of which is annexed as Annexure-2 to the writ petition, which is evident from the body of the FIR at page-23, on account of which just as a counter-blast the present FIR has been lodged by respondent no.4 against the petitioners on the basis of an application under Section 156(3) Cr.P.C. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners hence, the 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 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 :- 22.5.2018/NS