Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16077 of 2019 Petitioner :- Mukul Agrawal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohit Behari Mathur Counsel for Respondent :- G.A.,Rakesh Kumar Mishra
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Mohit Behari Mathur, learned counsel for the petitioner, Sri Rakesh Kumar Mishra, learned counsel for caveator, Sri G.P. 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 by the petitioner with a prayer to quash the impugned F.I.R. dated 28.05.2019 registered as Case Crime No. 398 of 2019, under Sections 420, 467, 468, 471, 447 and 186 I.P.C. & 2/3 of Prevention of Public Property damages Act, 1984, Police Station- Civil Lines, District- Rampur.
Learned counsel for petitioner submits that the civil litigation is pending between the parties. Learned counsel for the petitioner further submits that the petitioner is innocent and the present F.I.R. has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Sri Rakesh Kumar Mishra, counsel for caveator and learned A.G.A. have opposed the prayer for quashing and submitted that petitioner has three criminal cases, to which the counsel for petitioner submits that proceedings of two cases have been stayed and in the third one, final report has been submitted.
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.
Order Date :- 11.6.2019 Shubhankar (Vivek Varma, J.) (Ramesh Sinha, J.)