Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22774 of 2018 Petitioner :- Khadiya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Pandey,Ashish Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K. Pandey, learned counsel for the petitioner, Sri G.P. Singh, 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 petitioners with a prayer to quash the F.I.R. dated 31.7.2018 registered as case crime no. 80 of 2018 under sections 354, 452, 379, 506 I.P.C., police station Saujana, District Lalitpur.
Learned counsel for the petitioner submits that the present F.I.R. has been lodged on the basis of application under section 156 (3) Cr.P.C. The petitioner has been falsely implicated in the present case by respondent no. 4 just for harassment, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 21.8.2018 Shiraz