Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24538 of 2018 Petitioner :- Guddo Kushwaha (Pradhan) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Srivastava,Ram Bahadur Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anil Kumar Srivastava,, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 20.08.2018, registered as case crime No.134 of 2018, under Sections 420, 409, I.P.C., P.S. Binwar, District Hamirpur.
Learned counsel for the petitioner submits that an order was passed by the D.P.R.O. Hamirpur on 03.08.2018, in pursuance of which the impugned FIR has been lodged against the petitioner. He further submits that the impugned FIR was challenged by the petitioner before this Court by means of filing Writ-C No. 27745 of 2018, in which the order dated 03.08.2018 and the consequential order dated 06.08.2018 were quashed with liberty to pass fresh order, hence the present FIR may be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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 :- 5.9.2018 VKG