Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25484 of 2018 Petitioner :- Ram Krishna @ Rajjan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Verma,Siya Ram Verma Counsel for Respondent :- G.A.,Guru Prasad Mishra
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Siya Ram Verma, learned counsel for the petitioner, Sri Guru Prasad Mishra, learned counsel for the caveator, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 06.08.2018, registered as case crime No.0334 of 2018, under Sections 420, 417, I.P.C., P.S. Manjhanpur, District Kaushambi.
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 submitted that the present F.I.R. has been lodged by respondent no.4 against the petitioner on the basis of application under section 156 (3) Cr.P.C..The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.
Learned counsel for the caveator as well as learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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 :- 13.9.2018/VKG