Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16623 of 2019 Petitioner :- Kamlesh Kumar Dwivedi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Raksha Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri R. R. Tiwari, learned counsel for the petitioner, Sri Irshad Hussain, 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 6.6.2019 registered as case crime no. 120 of 2019, under Sections 420, 467, 468, 471, 504, 506 IPC and Section 3(1)(i), 3(1)(Da), 3(1)(Dha), 3(2)(Va) of SC/ST Act, P.S. Naraini, District Banda.
Learned counsel for the petitioner submits that the petitioner is writer of the sale deed and has been falsely implicated in the present case by respondent no. 3 by levelling false and frivolous allegations just to harass him, hence the same 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 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 :- 14.6.2019 RavindraKSingh