Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10621 of 2018 Petitioner :- Chhotu @ Lahura Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sheetala Prasad Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.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 12.1.2018, registered as Case Crime No.08 of 2018, u/s 379 IPC, P.S. Rudhauli, district Basti.
Learned counsel for the petitioner submits that petitioner is not named in the FIR. His name has come into light in the confessional statement of co-accused. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.4.2018 Gaurav