Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23499 of 2018 Petitioner :- Om Prakash Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anoop Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K.Srivastava, learned counsel for the petitioner, 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 10.6.2018, registered as case crime No.66 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Mataundh, District Banda.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that an amount of Rs.32,500/-, which was stated to have been paid to un-athorized person, was not actually paid, certificate to that effect has been annexed as Annexure-6 to the writ petition. He further submitted that the present F.I.R. has been lodged by respondent no.3 against the petitioner on the basis of application under section 156 (3) Cr.P.C. He argued that respondent no.3 was signatory of the Muster Roll along with the petitioner. The allegation levelled against the petitioner are 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.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 28.8.2018/NS