Allahabad High Court
Pradeep Yadav And Another vs State Of U.P. And 2 Others on 7 August, 2020
Bench: Ramesh Sinha, Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 7355 of 2020 Petitioner :- Pradeep Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Tripathi,Surendra Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Ravi Nath Tilhari,J.
Sri S.K. Tripathi, Advocate states that he has filed Vakalatnama on behalf of the petitioners in the Registry of this Court on 5.8.2020 as the same has not been annexed along with the present petition.
Heard Sri S.K. Tripathi, learned counsel for the petitioners, Km. Meena, 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 petitioner with a prayer to quash the F.I.R. dated 23.6.2020 registered as case crime no. 480 of 2020 under sections 147, 148, 332 I.P.C. and 7 C.L.A. Act, police station Etmaddaula, District Agra.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. He submits that though there is allegation made in the F.I.R. that the accused persons including the petitioners had pelted stone on the police team and scuffled with them but no one has sustained any injury in the said incident, the said fact has been mentioned in para-6 of the present petition. Hence the present F.I.R. which has been lodged for harassment of the petitioners 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, namely, Pradeep Yadav and Monu Yadav @ Mannu Yadav shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C., if any, before the competent court but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Ravi Nath Tilhari, J.) (Ramesh Sinha, J.) Order Date :- 7.8.2020/Shiraz