Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38029 of 2018 Petitioner :- Kamlesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Sushil Kumar, learned counsel for the petitioner, Sri N.K. Tiwari, 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 23.11.2018 registered as case crime no. 0213 of 2018 under sections 407 I.P.C., police station Kadaura, District Jalaun.
Learned counsel for the petitioner submits that as per the F.I.R., no offence is made out against the petitioners. The allegations made against the petitioners are absolutely, frivolous and baseless, hence, present F.I.R. be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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.
(Raj Beer Singh,J) (Ramesh Sinha,J.) Order Date :- 21.12.2018 Manoj