Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10658 of 2018 Petitioner :- Raj Bahadur Rathi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- S.S. Rajput Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.S.Rajput, learned counsel for the petitioner, Sri N.K.Verma, 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 1.6.2017, registered as Case Crime No.349 of 2017, under Sections 354(A), 342, 294, 504, 506 I.P.C., Police Station Anoopshahr, District Bulandshahr.
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 the petitioner is a Sub-Inspector and posted at Police Line, Bulandshahr. Earlier the petitioner was Head Constable and promoted as Sub Inspector in the year 2015. He next argued that the respondent no.3 who is a Constable had some relationship with the petitioner as appears from the FIR itself and when their relationship could not be materialized, she lodged the impugned FIR against the petitioner. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to 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 :- 26.4.2018/NS