Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38012 of 2018 Petitioner :- Rajendra Tyagi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satish Kumar Tyagi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Sri Heard Sri S.K. Tyagi, learned counsel for the petitioner, Sri Prabhash Pandey, 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 16.12.2018 registered as case crime no. 2386 of 2018 under sections 17 of Registration Act, 1901, 64/27 Indian Stamp Act, 1899 and 13 of U.P. Apartment Act, 2010 police station Sihani Gate, District Ghaziabad.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass him, hence the same 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 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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Shiraz