Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25485 of 2018 Petitioner :- Nigam Anand Vishwas Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Tripathi,Neelabh Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Om Prakash Tripathi, learned counsel for the petitioner, Sri Irshad Husain, learned brief holding appearing 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 26.08.2018, registered as case crime No.1021 of 2018, under Sections 420, I.P.C. and Section 15(3) Indian Medical Council Act, 1956, Police Station Kotwali Lalitpur, District Lalitpur.
Learned counsel for the petitioner submits that the petitioner is the owner of the shop in question, which was taken on rent by one Dr. Saurabh Srivastava, who was having medical degree and the petitioner has been falsely named in the present FIR as he is the owner of the shop in question. 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 F.I.R. which discloses cognizable offence.
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 :- 13.9.2018 VKG