The High Court granted interim protection against arrest without staying the investigation, directing the petitioners to co-operate in the FIR case registered under various IPC sections.
Direction not to arrest petitioners till submission of police report under Section 173(2) Cr.P.C. with condition to co-operate with investigation.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20770 of 2018
Petitioner :- Anita Devi And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Dulare Singh,Mayank Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.D. Singh, learned counsel for the petitioners, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 15.3.2018 registered as case crime no. 388 of 2018 under sections 323, 342, 352, 427, 452, 147 I.P.C., police station Malpura, district Agra.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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 :- 1.8.2018 Shiraz
Anita Devi And 3 Others
State Of U.P. And 2 Others
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
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