Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16453 of 2019 Petitioner :- Pappu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri R.K.Yadav, learned counsel for the petitioner, Sri Irshad Hussain, 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 29.5.2019, registered as Case Crime No.180 of 2019, under Sections 436, 429 I.P.C., Police Station Bhojpur, District Ghaziabad.
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 submitted that nephew of petitioner has earlier lodged an FIR against the nephew of respondent no.3 for the offence under Section 376 I.P.C. etc, copy of which is annexed at page-22 of the writ petition, hence, the impugned FIR has been lodged by respondent no.3 against the petitioner just as counter-blast for the purpose of harassment. 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.
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.
(Vivek Varma,J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019/NS