Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37955 of 2018 Petitioner :- Devendra Kumar Dvivedi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ambrish Kumar Kashyap Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri A.K. Kashyap, 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 31.8.2018, registered as Case Crime No.739 of 2018, u/s 3/7 Essential Commodities Act, P.S. Kotwali Chhibramau, district Kannauj.
Learned counsel for the petitioner submits that the Investigating Officer without collecting any credible evidence is unnecessarily harassing and threatening the petitioner to arrest in the alleged occurrence. From the perusal of the FIR it is apparent that no offence is made out against the petitioner. 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 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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Gaurav