Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10870 of 2018 Petitioner :- Pradeep @ Pradeep Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sumit Kumar,Neelabh Srivastava Counsel for Respondent :- G.A.,Rakesh Kumar Mishra,Vidya Bhushan Srivastava
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sumit Kumar, learned counsel for the petitioner, Sri R.K. Mishra, learned counsel for the respondent no.3, Sri N.K. Verma, learned AGA for the State and perused the record.
The relief sought in this petition is for quashing of the F.I.R. dated 20.2.2018, registered as case crime no.125 of 2018, u/s 493 IPC, P.S. Kotwali District Shahjahanpur.
Learned counsel for the petitioner submits that the offence u/s 493 IPC for which FIR has been lodged against the petitioner is not at all maintainable as the same is barred by Section 198 Cr.P.C and for the said offence, complaint can at the most be filed by respondent no.3.
Learned counsel for the respondent no.3 and learned AGA for the State opposed the prayer for quashing of the FIR.
Having considered the submissions advanced by the learned counsel for the parties, the impugned FIR and all consequential proceedings taken against the petitioners in pursuance thereof are hereby quashed.
The writ petition accordingly succeeds and is allowed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018 Gaurav