Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25284 of 2018 Petitioner :- Santosh Kumar Mishra Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Dhiresh Kumar,Chandan Sharma Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Piyush Sinha holding brief of Sri Chandan Sharma, learned counsel for the petitioner, Sri G.P.Singh, 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 28.8.2018, registered as case crime No.219 of 2018, under Section 406 I.P.C., P.S. Khiri, District Allahabad.
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 no date and time of the alleged incident nor the amount of alleged money has been disclosed in the FIR and only vague averments has been mentioned in the FIR. 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.
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 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 :- 12.9.2018/NS