Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23152 of 2018 Petitioner :- Shri Mahtab Alam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pramod Kumar Singh, learned counsel for the petitioner, Sri N.K.Verma, 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 08.08.2018, registered as case crime No. 335 of 2018, under Sections 147, 332, 353, 354-A, 186, 504, 506, 427, I.P.C., P.S.
Manjhanpur, District Kaushambi.
Learned counsel for the petitioner submits that the respondent no.4 had earlier lodged an FIR against an employee of the Nagar Panchayat, Manjhanpur, District Kaushambi which was challenged by him before this Court by means of filing Criminal Misc. Writ Petition No. 22996 of 2018(Shyam Babul Kesharwani Vs. State of U.P. and 3 others), in which the arrest of the said accused have been stayed by this Court vide order dated 23.08.2018. The petitioner happens to the Chairman of the Nagar Panchayat Manjhanpur, District Kaushambi and respondent no.4 happens to be an Executive Officer. He further submits that a complaint was made against the respondent no.4 to the State Government that some litigation also reached to the coordinate Bench of this Court by means of filing Writ A No. 7838 of 2018, in which the cost of Rs.50,000/- was imposed upon the respondent no.4.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 24.8.2018/VKG