Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10544 of 2018 Petitioner :- Rahul Bhushan Gaur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vaibhav Kaushik Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vaibhav Kaushik, learned counsel for the petitioner, Sri G.P.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 petitioner with a prayer to quash the FIR dated 9.4.2018, registered as Case Crime No.86 of 2018, under Section 3/7 Essential Commodities Act, 1955, and under Sections 409, 420 I.P.C., Police Station Ganga Nagar, District Meerut.
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 submits that earlier an FIR was registered against the petitioner for the similar allegations being Case Crime No.258 of 2017, under Section 3/7 E.C. Act and 409, 420 I.P.C., Police Station Ganga Nagar, District Meerut, which was challenged by him before this Court by means of filing Crl. Misc. Writ Petition No.23987 of 2017 in which his arrest was stayed by this Court vide order dated 7.11.2017, copy of which is annexed at page-35 of the writ petition, thereafter the present FIR against the petitioner levelling false and frivolous allegations, though no offence is made out against him, hence, FIR be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 25.4.2018/NS