Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34543 of 2018 Petitioner :- Manoj Kumar Verma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Sisodia,Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Rajiv Sisodia, learned counsel for petitioner and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 02.11.2015 registered as Case Crime No. 1155 of 2015, under Sections 420, 467, 468 and 471 I.P.C., Police Station- Kotwali City, District- Bijnor.
A perusal of F.I.R. shows that it indicates that F.I.R. discloses cognizable offence as such it is not liable to be quashed. However, it is stated that this F.I.R. has been lodged to mount pressure upon the petitioner as he had already lodged F.I.R. Case Crime No. 244 of 2015 on 05.09.2015 in which police has submitted charge-sheet after investigation while in the present F.I.R., after investigation police has submitted final report and the court below has directed for further investigation vide order dated 02.08.2018.
Counsel for the petitioner submits that the no offence against the petitioner is disclosed. Present case has been filed with a malafide intention for the purposes of harassment.
Accordingly, the writ petition is disposed of with the direction that petitioner shall not be arrested in Case Crime No. 1155 of 2015, under Sections 420, 467, 468 and 471 I.P.C., Police Station- Kotwali City, District- Bijnor till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 30.11.2018 Sharad/-