Medhavi Mishra and Another Vs State of U.P. and 2 Others

Court No. - 48

Case :- CRIMINAL MISC. WRIT PETITION No. - 3394 of 2020

Petitioner :- Medhavi Mishra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Kumar Pandey Counsel for Respondent :- G.A.

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Hon'ble Pritinker Diwaker,J. Hon'ble Shekhar Kumar Yadav, J.

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Mr. Rajendra Kumar Pandey, learned counsel for the petitioners and Mr. Amit Sinha, learned A.G.A. for the State.

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The present petition has been filed by the petitioners seeking quashment of F.I.R. dated 13.02.2020 in respect of Crime No. 395 of 2020 under Sections 289, 328, 506 I.P.C., P.S. Indirapuram, District- Ghaziabad.

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Learned counsel for the petitioners submits that they are working with one N.G.O. i.e. People For Animal (PFA) and the said N.G.O. takes care of stray animals. It has been argued that as the petitioners have taken some steps against the persons, who are living in the society, out of frustration a totally false report has been lodged. Learned counsel further submits that though the petitioners were working in public interest but if their work is not being liked by someone, they may stop the same.

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On the other hand State counsel opposes the petition.

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Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.

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However, we finally dispose of this petition with a direction to the State authorities that the petitioners shall not be arrested in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.

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It is made clear that this order would remain effective till the petitioners cooperate in the investigation.

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Order Date :- 5.3.2020 SY/SK

Medhavi Mishra and Another v. State of U.P. and 2 Others

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Medhavi Mishra and Another v. State of U.P. and 2 Others

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