Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10448 of 2018 Petitioner :- Sanjay Kumar And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajni Ojha,Ravindra Nath Chaubey Counsel for Respondent :- G.A.,Vidhya Shanker Tiwari
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Short counter affidavit filed today is taken on record.
Heard Ms. Rajni Ojha, learned counsel for the petitioners, Sri Vidhya Shanker Tiwari, learned counsel for the private respondent, 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 06.07.2017 registered as case crime no.0760 of 2017 under sections 419, 420, 467, 468, 504, 506 IPC, police station Sukhpura, District Ballia.
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.3 against the petitioner. It is further submitted that the allegation levelled against the petitioners 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 opposed the prayer for quashing.
Learned counsel for the private respondent further states that the present FIR has been lodged ten months ago and till then investigation has not been concluded with the collusion of the petitioner by the Investigating Officer.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
The Investigating Officer is directed to submit a police report in accordance with law within six weeks from the date of production of a certified copy of this order.
With the above direction this petition is finally disposed of. (Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 AU