Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15959 of 2019 Petitioner :- Krishan Pal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Singh,Nitin Raj Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Raj Singh, learned counsel for the petitioner, Sri G.P.Singh, 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 13.5.2019, registered as Case Crime No.164 of 2019, under Sections 406 and 506 I.P.C., Police Station Hathras Gate, District Hathras.
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 the allegation levelled against the petitioner is absolutely false, frivolous and baseless. 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