Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 5957 of 2017 Petitioner :- Avarar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri C.P. Pandey, learned counsel for the petitioner, Sri N.K. Verma, 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 F.I.R. dated 17.3.2017, registered as Case Crime No.267 of 2017, u/s 420, 354, 506 IPC, P.S. Farrukhabad Kotwali, district Fatehgarh.
Learned counsel for the petitioner submits that present FIR has been lodged on the basis of application moved u/s 156(3) Cr.P.C. with malafide intention. From the perusal of the FIR, no offence is made out against the petitioner, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Mrs. Rekha Dikshit, J.) (Ramesh Sinha, J.) Order Date :- 19.4.2017 Gaurav