Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22731 of 2018 Petitioner :- Mukesh Kumar Rathi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anoop Trivedi Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anoop Trivedi, learned counsel for the petitioner, Sri Deepak Mishra,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 12.8.2018, registered as case crime No.576 of 2018, under Sections 420, 120-B, 467, 468, 471 I.P.C., P.S. Shamli, District Shamli.
Learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that an inquiry was conducted in which three persons, namely, Jitendra Pawar, Rajveer Singh and Shaukeen Ali were found responsible, but instead of lodging the FIR against the said three persons, the FIR has been lodged against all the employees/secretaries who were posted from 2001 to 2015 in the Cane Society, Shamli. The allegations levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against them, hence, FIR is liable to be quashed by this Court.
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 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 :- 21.8.2018/NS