Satyaveer Singh and Another Vs State of U.P. and 2 Others

Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 37235 of 2018

Petitioner :- Satyaveer Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yatindra Singh Counsel for Respondent :- G.A.

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Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.

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Heard learned counsel for the petitioners and learned AGA for the respondents-State and perused the record.

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The instant writ petition has been filed by the petitioners invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the first information report dated 9.10.2018 bearing Case Crime No. 563 of 2018, under Sections 147, 148, 149, 506, 307 I.P.C.,Police Station Maudarwaja, district Farrukhabad.

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It is submitted by the learned counsel for the petitioners that the petitioners are not named in the first information report. The petitioners are unnecessarily being harassed by the local police. The first information report has been lodged by the respondent no. 3 with absolutely false and vague allegation.

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From perusal of the first information report, prima facie cognizable offences is made out at this stage against the petitioners therefore, we do not find any cogent or convincing reason to quash the first information report. The prayer for quashing the first information report is refused.

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However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioners shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.

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With the above direction, this petition is finally disposed of.

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Order Date :- 19.12.2018 Shahnawaz

Satyaveer Singh and Another v. State of U.P. and 2 Others

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Satyaveer Singh and Another v. State of U.P. and 2 Others

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