Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10410 of 2018 Petitioner :- Jagdish @ Bittan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohammad Wasim holding brief of Sri R.K. Verma, learned counsel for the petitioner, Ms. Ibha Sinha, 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 31.12.2017 registered as case crime no. 859 of 2017 under section 420 I.P.C., police station Milak, District Rampur.
Learned counsel for the petitioner submits that earlier the petitioner lodged an F.I.R. against respondent no. 4 for the offence under section 406, 420 I.P.C. which was registered as case crime no. 570 of 2017, hence in retaliation present F.I.R. has been lodged by respondent no. 4 levelling false and frivolous allegations which 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 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.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 Shiraz