Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 5862 of 2017 Petitioner :- Ganga Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prem Shankar,Ambrish Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri Prem Shanker, 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 by the petitioner with a prayer to quash the F.I.R. dated 6.10.2015 registered as case crime no. 252 of 2015 under sections 467, 468, 471, 420 I.P.C., police station Rajapur, District Chitrakoot.
Learned counsel for the petitioners submits that though the F.I.R. of the present case was lodged in the year 2015 but he had no knowledge about the same. He submits that the allegation levelled against him in the F.I.R. that he has taken a loan of Rs. one lac is absolutely false and frivolous as he has not taken any such loan, the said fact has been mentioned in para-8 of the present petition.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners 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.
The Investigating Officer of the present case is directed to conclude the investigation of the present case and submit a police report before the court concerned expeditiously preferably within a period of one month from today.
The S.P. Chitrakoot is directed to ensure the compliance of the present order.
With the above direction this petition is finally disposed of.
(Mrs. Rekha Dikshit, J.) (Ramesh Sinha, J.) Order Date :- 18.4.2017 Shiraz