Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26783 of 2018 Petitioner :- Om Sharan Goswami Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Ashwini Kumar Awasthi,Manish Tiwary Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Manish Tiwary, learned counsel for the petitioner, Sri N.K. Verma, 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 01.09.2018 registered as case crime no. 1842 of 2018 under sections 379, 201, 120B I.P.C., police station Kavi Nagar, District Ghaziabad.
Learned counsel for the petitioners submits that the petitioner is a lawyer having 31 years of practice. One Peshkar of Gangster Court had misbehaved with the petitioner in drunk state and the petitioner gave 2-3 blows to Peshkar on account of which he was having enmity with the petitioner. Since one file of a case was missing, an FIR was lodged against the said Peshkar. He has taken the name of the petitioner in his confessional statement that the petitioner is responsible for the said file.
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 petitioners 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 :- 25.9.2018 AU