Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22906 of 2018 Petitioner :- Prem Shankar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shri Prakash Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vipin Chandra Pandey holding brief of Shri Prakash Dwivedi , learned counsel for the petitioner, Sri N. K. Verma, 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 02.08.2018 registered as Case Crime No. 0269 of 2018, under Section 419, 420, 467, 468, 471, 504, 406, 506 I.P.C., Police Station Kotwali Katra, District Mirzapur.
Learned counsel for the petitioner submits that the present F.I.R. has been lodged on the basis of application moved u/s 156(3) Cr.P.C. with malafide intention. The petitioner is innocent and has been falsely implicated in the present case. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
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 :- 23.8.2018 Ashok Gupta