Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37630 of 2018 Petitioner :- Krishna Murari Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Prakash Srivastava,Ajitam Srivastav Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 30.11.2018 in Case Crime No.1188/2018, under Sections 420/467/468/471/447/295/297/504/506/120-B IPC, P.S.
Jagdishpura, Agra.
It is submitted by learned counsel for the petitioner that petitioner and the informant are co-laterals, dispute, if any, is civil in nature, no offence whatsoever is made out, FIR is malafidely motivated which has been lodged only with a view to harass the petitioner.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 20.12.2018 Chandra