Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25423 of 2018 Petitioner :- Raj Narayan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri D.K. Srivastava, learned counsel for the petitioner, Sri Pawan Shukla, 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 11.6.2018 registered as case crime no. 214 of 2018 under sections 419, 420, 467, 468, 471, 504, 506 I.P.C., police station Mughalsarai, district Chandauli.
Learned counsel for the petitioner submits that the main allegation against co-accused, Ram Kinker, who is said to have taken the money from respondent no. 3 through cheque. Thereafter some dispute arose between the parties. He submits that though the petitioner is arrayed as accused in the present case stating that co-accused Ram Kinker happens to be the son-in-law of the petitioner but the said fact is totally incorrect as only the marriage of said co-accused was solemnized in the village of the petitioner, hence the present F.I.R. is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioner is distinguishable from co-accused Ram Kinker.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 13.9.2018 Shiraz