Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22727 of 2018 Petitioner :- Natthu Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ray Sahab Yadav,Jalaj Kumar Kushwaha Counsel for Respondent :- G.A.,Amresh Singh
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ray Sahab Yadav, learned counsel for the petitioner, Sri Amresh Singh, learned counsel for the respondent no. 4, Sri N.K.Verma, 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 22.6.2016, registered as case crime No.571 of 2016, under Sections 2/3 of Prevention of Damages to Public Property Act,1984 and Section 447 I.P.C., P.S. Nigohi, District Shahjahanpur.
Learned counsel for the petitioner submits that the petitioner had contested the election of Gaon Sabha and due to the said political enmity, he has been falsely implicated in the present case. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, 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.
It is made clear that the Investigating officer shall conclude the investigation of the present case with three weeks from the date production of a certified copy of this order before him.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 21.8.2018/NS