Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26618 of 2018 Petitioner :- Radhey Shyam Yadav Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Raj Kumar Singh Chauhan,Santosh Kumar Singh Counsel for Respondent :- G.A.,Roopesh Srivastava,Yogesh Kumar Srivastava
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K.S. Chauhan, learned counsel for the petitioner, Sri Noor Mohd., learned counsel for the caveator, 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 by the petitioner with a prayer to quash the F.I.R. dated 06.09.2018 registered as case crime no.0141 of 2018 u/ss. 406, 409 IPC, PS. Mardah, District Ghazipur.
Learned counsel for the petitioner submits that a complaint was filed by respondent no.5 against the petitioner which was enquired and the same was found to be false and subsequently respondent no.4 on the basis of another inquiry has lodged the present FIR against the petitioner.
Learned counsel for the caveator, opposed the prayer for quashing of the FIR and submits that on the basis of complaint made by the caveator, FIR has been lodged against the petitioner.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioner shall not be arrested in the above mentioned case till submission of 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Madhurima