Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26540 of 2018 Petitioner :- Pandit Ashok Sharma Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Kamla Kant Srivastava,Rajesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri K.K. Srivastava, learned counsel for the petitioner, Sri Gambhir 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 with the prayer to quash the F.I.R. dated 10.9.2018, registered as Case Crime No.748 of 2018, u/s 153 (A), 505 (1) (C), 505(2) and 188 IPC, P.S. Brahmpuri, district Meerut.
Learned counsel for the petitioner submits that the petitioner has expressed his view for establishment of Hindu Court on the basis of Muslim Shariyat and no communal harmony was disturbed. The present FIR has been lodged 10.9.2018 though the incident has taken place on 15.8.2018. The petitioner is Pujari/Purohit of Radha Krishna Mandir, Meerut and is aged about 70 years, the said fact is mentioned in para no.2 of the present petition. The allegations levelled against the petitioner is false, frivolous and baseless.
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 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 :- 24.9.2018 Gaurav