Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26483 of 2018 Petitioner :- Rajaram Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Narayan Singh,Bindeshwari Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Satyendra Narayan Singh, learned counsel for the petitioner, Sri A. R. Chaurasia, 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 impugned F.I.R. dated 11.06.2018 registered as Case Crime No.813 of 2018, under Sections 420, 406, 504, 506 I.P.C., Police Station Vrindavan, District Mathura.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the dispute between the parties is with regard to dishonour of cheque and the petitioner gave a legal notice on 31.05.2018 u/s 138 N.I. Act to respondent no.3, on account of which the impugned F.I.R. has been lodged against the petitioner by respondent no.3. 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 :- 24.9.2018 Ashok Gupta