Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22832 of 2018 Petitioner :- Deepak Kumar Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Padmaker Pandey, Counsel for Respondent :- G.A.,Akhilesh Pandey
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Padmaker Pandey, learned counsel for the petitioner, Sri Akhilesh Pandey, learned counsel for the private respondent, Sri Prabhash Pandey, learned Brief Holder 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 09.07.2018 registered as case crime no.0146 of 2018 under sections 420, 406, 506 I.P.C., police station Kidwai Nagar, District Kanpur Nagar.
Learned counsel for the petitioner submits that the impugned FIR has been lodged on the basis of an application under section 156 (3) Cr.P.C. with malafide intention by respondent no.3 against the petitioner. It is further submitted that the allegation levelled against the petitioners is absolutely false, frivolous and baseless. From the perusal of the FIR, no offence is made out against the petitioner, hence the same be quashed. It is further submitted that an FIR was lodged from the side of the accused against the respondent no. 3 and the respondent no. 3 has challenged the same and his arrest has been stayed which has not been disputed by the learned counsel for the private respondent.
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 :- 21.8.2018 AU