Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25448 of 2018 Petitioner :- Gajanand Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surya Bhan Dubey,Chandra Bhan Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.B. Dubey, learned counsel for the petitioner, Sri N.K. Tiwari, 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 by the petitioner with a prayer to quash the F.I.R. dated 23.7.2018 registered as case crime no. 731 of 2018 under sections 420, 409, 467, 468, 120-B I.P.C., police station Cantt., District Varanasi.
Learned counsel for the petitioner submits that the petitioner has retired from service and in spite of retirement his services were extended because of his good work. He has been falsely implicated in the present case by respondent no. 4 levelling false and frivolous allegations just to harass him though he has no concern with the present crime, hence the present F.I.R. is liable to be quashed by this Court.
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 :- 13.9.2018 Shiraz