Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2420 of 2019 Petitioner :- Banti Gujar @ Ram Niwas Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ramesh Kumar Ojha Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K. Ojha, 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 25.9.2018 registered as case crime no. 341 of 2018 under sections 147, 148, 149, 307, 332, 353, 336, 427 I.P.C. and 3, 57, 7 U.P.
Upkhanij (Parihar) Niyamawali, 1963, police station Saiya, District Agra.
Learned counsel for the petitioner submits that co-accused Betal, who was not named in the F.I.R. has challenged the F.I.R. of the present case before this Court in Crl. Misc. Writ Petition No. 31641 2018 in which his arrest was stayed by Co-ordinate Bench of this Court vide order dated 13.11.2018 copy of which is annexed at page-21 of the present petition. So far as petitioner, who is also a driver is concerned, he was named in the F.I.R. on the basis of information given by the police Informer. The petitioner is not having any criminal antecedents, the said fact has been mentioned in para-8 of the present petition. He has been falsely implicated in the present case, hence the present F.I.R. 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