Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25331 of 2018 Petitioner :- Mukesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Singhal,Shivendra Raj Singhal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dharmendra Singhal, learned counsel for the petitioner, Sri Gambhir Singh, 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 28.8.2018, registered as Case Crime No.280 of 2018, u/s 3/7 E.C. Act, P.S. Gonda, district Aligarh.
Learned counsel for the petitioner submits that the petitioner is having the license of his firm. He had purchased the wheat in question from the farmers, the receipt regarding the same has been annexed with the present petition as Annexure No.3. 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 :- 12.9.2018 Gaurav