Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25740 of 2018 Petitioner :- Ashish Parashar And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogesh Kumar Sinha,Akshat Sinha Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sudhanshu Pandey, holding brie of Sri Akshat Sinha, learned counsel for the petitioners,Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 15.8.2018, registered as case crime No.650 of 2018, under Sections 147, 323, 342, 504, 506 I.P.C., P.S. Kasna, District Gautam Buddh Nagar (U.P.).
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 submitted that the petitioner being the flat owner has been given separate prepaid electricity meter and there was some dispute between the builders and the Noida Power Company Ltd./ respondent no.3 and the respondent no.3 on realizing that the builders have absconded started pressurizing the residents of the flats including the petitioner to the entire dues of electricity, on account of which the petitioners have been falsely implicated in the preset case. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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 they 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 :- 17.9.2018/NS