A criminal miscellaneous writ petition seeking quashing of an FIR. The court directed that petitioners shall not be arrested until the police report is filed but must cooperate with the investigation.
Not arrested pending police report, but required to cooperate with investigation.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23434 of 2018
Petitioner :- Arvind Kumar Gupta And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Mishra,Sudhir Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K. Mishra, 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 with the prayer to quash the F.I.R. dated 17.6.2018, registered as Case Crime No.90 of 2018, u/s 147, 323, 504, 506, 452, 354(A) IPC P.S. Sukhpura, district Ballia.
Learned counsel for the petitioner submits that the present FIR is counterblast to the FIR lodged from the side of the petitioners. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners 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 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 :- 28.8.2018 Gaurav
1 issue framed by the court
Whether to arrest the petitioners pending submission of the police report and cooperation in the investigation.
1 provisions across 1 enactments
Arvind Kumar Gupta And 3 Others
State Of U.P. And 3 Others
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
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