Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22845 of 2018 Petitioner :- Rajesh Gautam @ Rajesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Asthana Counsel for Respondent :- G.A.,Ashutosh Upadhyay
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Learned counsel for the petitioner states that inadvertently in the prayer clause no.1 of the writ petition and has wrong particulars of the case has been given. He has filed supplementary affidavit to this effect which is taken on record. He is permitted to make necessary correction in the prayer clause no.1 of the writ petition during the course of the day.
Heard Sri Sanjeev Kumar Asthana, learned counsel for the petitioner, Sri Ashutosh Upadhaya, learned counsel for the caveator, Sri N.K. Verma, 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 29.07.2018 registered as case crime no. 407 of 2018 under sections 419, 420, 467, 468, 471 I.P.C., police station Line Bazar, District Jaunpur.
Learned counsel for the petitioner submits that the impugned FIR has been lodged on the basis of an application under section 156 (3) Cr.P.C. with malafide intention by respondent no.4 against the petitioner. It is further submitted that the allegation levelled against the petitioner is absolutely false, frivolous and baseless. From the perusal of the FIR, no offence is made out against the petitioner, hence the same be quashed.
Learned A.G.A. as well as learned counsel for the private respondent vehemently 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 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 :- 21.8.2018 AU