Court granted interim direction not to arrest the petitioner until the police report under section 173(2) Cr.P.C. is submitted, while requiring cooperation with investigation, and disposed of the writ petition.
Direction not to arrest petitioners till submission of police report under section 173(2) Cr.P.C.; direction to cooperate with investigation.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38005 of 2018
Petitioner :- Man Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rama Yadav,Tripurari Pal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Tripurari Pal, learned counsel for the petitioners, Sri G.P. Singh, 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 16.12.2018 registered as case crime no. 30 of 2018 under sections 452, 354, 392, 323, 504, 506, 308 I.P.C., police station Charwa, District Kaushambi.
Learned counsel for the petitioners submits that the present F.I.R. has been lodged on the basis of application under section 156 (3) Cr.P.C. levelling false and frivolous allegations against the petitioner just to harass him, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 21.12.2018 Shiraz
1 issue framed by the court
Whether the FIR lodged on the basis of a section 156(3) application should be quashed as false and frivolous.
2 provisions across 1 enactments
Man Singh
State Of U.P.
Ramesh Sinha
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
