Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20319 of 2018 Petitioner :- Chandra Bhushan Upadhyay Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- C.B.Dubey,Preet Pal Singh Rathore Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri C.B.Dubey, learned counsel for the petitioner, Sri G.P.Singh, 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 petitioner with a prayer to quash the FIR dated 15.5.2018, registered as case crime No.142 of 2018, under Sections 419, 420, 467, 468, 406 I.P.C., P.S. Kachhwa, District Mirzapur.
Learned counsel for the petitioner submits that there was some dispute with respect to Committee of Management between the petitioner and rival Committee of Management and respondent no.3 happens to a member of rival Committee of Management, has lodged the impugned FIR against the petitioner levelling false and frivolous allegations. He further submitted that earlier an FIR was lodged against the petitioner by a member of rival Committee of Management which was challenged by the petitioner before this Court in Crl. Misc. Writ Petition No.44581 of 2017 in which interim protection has been granted to the petitioner by this Court vide order 13.7.2018, copy of which has been annexed at page-137 to the writ petition and this is another FIR for the similar allegations, hence, interim protection may be granted to the petitioner.
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 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 :- 30.7.2018/NS