Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26538 of 2018 Petitioner :- Sattan Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Pankaj Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pankaj Sharma, learned counsel for the petitioner, Sri Gambhir Singh, 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 26.8.2018, registered as Case Crime No.1341 of 2018, u/s 354, 323, 504, 506 IPC and 3(1)(Dha) Sc/ST Act, P.S. Vrindavan, district Mathura.
Learned counsel for the petitioner submits that the present FIR has been lodged against the petitioner by respondent no.3 on account of previous animosity. Though it is stated that 5-6 other persons were involved in the incident including petitioner but the present FIR has been lodged against the petitioner only. 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 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 :- 24.9.2018 Gaurav