The court directed that the petitioner not be arrested under section 173(2) Cr.P.C. pending submission of the police report, while requiring cooperation with the investigation, and disposed of the petition.
Direction not to arrest petitioner pending submission of police report under section 173(2) Cr.P.C.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19365 of 2018 Petitioner :- Adil And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Singh,Pratibha Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K.Singh,learned counsel for the petitioners, Sri Deepak Mishra, 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 20.1.2018, registered as case crime No.32 of 2018, under Section 379 I.P.C., P.S. Line Bazar, District Jaunpur.
Learned counsel for the petitioners submits that the petitioners are not named in the FIR and their names have come into light in the confessional statement of the co-accused during the course of investigation. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. 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.
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 :- 20.7.2018/NS
1 provisions across 1 enactments
Adil And Another
State Of U.P.
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
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