Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2368 of 2019 Petitioner :- Ramniwas Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Singh Parmar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajeev Kumar Singh Parmar, learned counsel for the petitioner, Sri Jai Narain, 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 4.1.2019, registered as Case Crime No.0002 of 2019, u/s 302, 201 IPC, P.S. Nawabganj, district Farrukhabad.
Learned counsel for the petitioner submits that impugned FIR has been lodged against the petitioner by respondent no.3 on the basis of application moved u/s 156(3) Cr.P.C. with malafide intention. It is stated that the respondent no.3 only suspected that her husband has been murdered by the petitioner. It is stated that there is no date and time of the incident mentioned in the FIR that on which date the deceased has left his house. Thereafter police report has been filed stating that the husband of the respondent no.3 is wanted in case crime no.500 of 2018 u/s 379, 411 IPC due to which he went somewhere and for escaping himself from the said case, present application u/s 156(3) Cr.P.C. has been filed. The petitioner is aged about 69 years old person and has been falsely implicated in the present case on account of suspicion only, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 :- 29.1.2019 Gaurav