Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20080 of 2019 Petitioner :- Neeraj Kumar Tripathi @ Neeraj Tiwari, Kanoongo Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shakti Shanker Tiwari,Subhash Chandra Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Subhash Chandra Tiwari, learned counsel for the petitioner, 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 F.I.R. dated 05.07.2019 registered as case crime no. 100 of 2019 under sections 147, 148, 149, 302, 307, 120B I.P.C., police station Gyanpur, District Bhadohi.
Learned counsel for the petitioner submits that the petitioner is a Kanoongo and he had gone at the disputed site under the orders of the court below for demarcation, where the said incident taken place between two groups and one person has lost his life and that petitioner has no concern with the alleged incident and he has been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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.
However, it is made clear that the case of the petitioner is being distinguished from the case of co-accused persons.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 Anand