Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16637 of 2019 Petitioner :- Devendra Pradhan @ Devendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sarvajeet Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Sarvajeet Singh, learned counsel for the petitioner, Sri Irshad Hussain, 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 25.4.2019, registered as Case Crime No.112 of 2019, u/s 379 IPC, P.S. Dataganj, district Badaun.
Learned counsel for the petitioner submits that the present FIR has been lodged against the petitioner on account of village rivalry and also on the basis of suspicion. The impugned FIR does not demonstrate any prima-facie cognizable offence 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Gaurav