Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30712 of 2018 Petitioner :- Ishwar Prasad Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Yadav,Pulak Ganguly Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner, 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 4.9.2018 registered as case crime no. 0205 of 2018 under section 409 I.P.C., police station Thuthibari, District Maharaj Ganj.
Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and is innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 29.10.2018 Shalini