Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26469 of 2018 Petitioner :- Ajay Kumar And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Jitendra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Jitendra Kumar Mishra, 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 with the prayer to quash the impugned F.I.R. dated 20.07.2017 registered as Case Crime No. 0329 of 2017, under Sections 420, 467, 471, 468, 504, 506, 452 I.P.C., Police Station Maudarwaja, District Farrukhabad.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that impugned F.I.R. has been lodged against the petitioners on the basis of application moved u/s 156 (3) Cr.P.C. after 7 years of the incident. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner 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 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 Ashok Gupta