Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30625 of 2018 Petitioner :- Karamveer Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ganga Dhar Shukla Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This petition has been filed by the petitioner with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No. 442 of 2017, under sections-420, 467, 468, 471 and 120-B IPC at P. S.-Noida Phase-II, district-Gautam Budh Nagar.
It has been submitted by learned counsel for the petitioner that the dispute between the parties is essentially of civil nature and the impugned F. I. R. has been lodged by the respondent no. 3 containing absolutely false and concocted allegations for the purpose of harassing the petitioner, which are palpably false and not supported by any credible evidence, hence the impugned F. I. R., which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned F. I. R. as well as the other material brought on record, we dispose of this writ petition with the direction that the investigation of the aforesaid case shall go on but the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to his extending full cooperation in the investigation.
Order Date :- 29.10.2018 HR