Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26646 of 2018 Petitioner :- Firoz Khan Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Pawan Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pawan Kumar, 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 06.09.2018 registered as Case Crime No. 0615 of 2018, under Sections 497, 419, 420, 506, 379 I.P.C.,Police Station Kotwali, District Maharajganj.
Learned counsel for the petitioner submits that earlier to the present F.I.R., proceedings under Section 107/116 Cr.P.C. was initiated between brother of the respondent no.3 and brother of the petitioner, hence the impugned F.I.R. has been lodged by respondent no.3 against the petitioner levelling absolutely false, frivolous and baseless allegations, though no offence is made out against the petitioner, hence present FIR lodged against the petitioner is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
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 :- 25.9.2018 Ashok Gupta