Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25499 of 2018 Petitioner :- Omkar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Mishra Counsel for Respondent :- G.A.,Viveka Nand Rai
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Amit Kumar Mishra, learned counsel for the petitioner, Sri Viveka Nand Rai, learned counsel for the caveator/respondent no.3, Sri Gaurav Pratap Singh, learned brief holder 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 17.07.2018, registered as case crime No.0795 of 2018, under Sections 323, 504, 506, 327, 347, 455, I.P.C., P.S. Jagdishpura, District Agra.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention.
Learned counsel for the caveator as well as 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