Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2417 of 2019 Petitioner :- Ashish Maharaj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narendra Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Narendra Kumar, learned counsel for the petitioner, Sri Prabhash Pandey, 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 22.10.2018 registered as case crime no. 534 of 2018 under sections 394, 504 I.P.C. and 3 (1) (Dha), 3 (2) (v), 3 (2) (va) S.C./S.T. Act, police station Kotwali Nagar (Mahoba), District Mahoba.
Learned counsel for the petitioner submits that the petitioner happens to be the friend of co-accused Ravi Vishkarma. He submits that the petitioner along with co-accused Ravi Vishkarma went to the concerned police station with an application for lodging an F.I.R. against respondent no. 3 for outraging the modesty of the mother of co-accused Ravi Vishkarma but as respondent no. 3 is the driver of the District Magistrate their F.I.R. was not lodged and they have been falsely implicated in the present case levelling false and frivolous allegations just to harass them, hence the same 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 petitioner shall not be arrested in above mentioned case, till the submission of the 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 :- 29.1.2019 Shiraz