Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23068 of 2018 Petitioner :- Deepak Singh Gautam @ Deepak Gautam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Seema Pandey Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Ms. Seema Pandey, learned counsel for the petitioner, and Sri Deepak Mishra, 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 19.7.2018, registered as case crime No.301 of 2018, under Sections 380, 420 I.P.C., P.S. Maharajpur, District Kanpur Nagar.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. She further submitted that the petitioner had gone to withdraw money from the A.T.M.and withdrawn Rs.10,000/- but it appears that there was some dispute between the guard of the A.T.M. and petitioner, on account of which the impugned FIR has been lodged by respondent no.3 against the petitioner. She next argued that the petitioner has no criminal history. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
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 :- 24.8.2018/NS