Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25388 of 2018 Petitioner :- Pramod Kumar Gupta And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vipin Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V.K.Singh, learned counsel for the petitioners, Sri Gambhir Singh, 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 petitioners with a prayer to quash the FIR dated 19.8.2018, registered as case crime No.215 of 2018, under Sections 406, 504, 506 I.P.C., P.S. Ahraura, Distrit Mirzapur.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that the petitioners and respondent no.4 are the Directors of the Company in question and there was some dispute between the parties with respect to the money, on account of which the impugned FIR has been lodged by respondent no.4 against the petitioners levelling absolutely false, frivolous and baseless allegations, though no offence is made out against the petitioners, hence, FIR is liable to be quashed.
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 petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they 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/NS