Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15957 of 2019 Petitioner :- Jugesh Aspal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamlesh Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Kamlesh Shukla, learned counsel for the petitioner, Sri Deepak Mishra, 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 8.5.2019, registered as Case Crime No.1026 of 2019, under Sections 384, 120B, 504, 506 I.P.C., Police Station Indirapuram, District Ghaziabad.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that respondent no.2 is a retired Vice Chancellor of Bhagalpur University Bihar on the complaint made by the petitioner that the son of the informant had got an OBC Certificate in a fraudulent manner, his services has been terminated, on account of which the impugned FIR has been lodged against the petitioner levelling absolutely false, frivolous and baseless allegations though no offence is made out against the petitioner, hence, FIR is liable to 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.
(Vivek Varma,J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019/NS