Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26532 of 2018 Petitioner :- Raju Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Girijesh Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit filed by learned counsel for the petitioner today in Court, which is taken on record.
Heard Sri Ashok Pratab Singh holding brief of Sri Girijesh Kumar Gupta, 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 F.I.R. dated 13.08.2018 registered as Case Crime No. 0491 of 2018, under Section 452, 354 (Kha) I.P.C., Police Station Bhojpur, District Ghaziabad.
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 an affidavit has been filed by respondent no.3 before the S.S.P. Ghaziabad, stating that the petitioner has been implicated in the present case by her on account of suspicion only, copy of the affidavit has been annexed as Annexure No.1 to the supplementary affidavit. 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