Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26505 of 2018 Petitioner :- Ishwar Dayal Chaubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V.K. Sharma, 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 11.9.2018, registered as Case Crime No.99 of 2018, u/s 3/7 E.C. Act, P.S. Haldi, district Ballia.
Learned counsel for the petitioner submits that the Investigating Officer without collecting any credible evidence, unnecessarily harassing and threatening the petitioner to arrest in the alleged occurrence. The present FIR has been lodged against the petitioner only under the political pressure of the present Gram Pradhan without any basis of material evidence on record. 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Gaurav