Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25685 of 2018 Petitioner :- Manoj Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Randhir Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Randhir Singh, learned counsel for the petitioner, Sri N.K. Verma, 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 with the prayer to quash the F.I.R. dated 26.7.2018, registered as Case Crime No.767 of 2018, u/s 494, 506 IPC, P.S. Katghar, district Moradabad.
Learned counsel for the petitioner submits that respondent no.4 was earlier married woman, the said fact was not known to the petitioner, hence dispute arose between them. The respondent no.4 earlier also lodged FIR against her earlier husband u/s 498-A IPC in which final report was submitted against him. The present FIR has been lodged against the petitioner just for his harassment. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 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 :- 17.9.2018 Gaurav