Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26600 of 2018 Petitioner :- Abhaya Nath Dwivedi Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Ram Prasad Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioner, 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 11.05.2018 registered as case crime no.395 of 2018 u/ss. 419, 420, 467, 468, 471, 120B IPC, PS.
Cantt, District Gorakhpur.
Learned counsel for the petitioner submits that petitioner is an advocate and his clerk Dhananjay Tripathi did some forgery in the surrender application of the co-accused Sandeep Yadav and chargesheet has been submitted against Sandeep Yadav and Dhananjay Tripathi and he further pointed out that the name of the petitioner has come into light in the confessional statement of co-accused Dhananjay Tripathi and the petitioner expelled his clerk in the year 2015 from his office. Moreover, the case was brought into his notice because of the fraud committed.
Learned AGA opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioner shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but he 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 :- 24.9.2018 Madhurima