Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26691 of 2018 Petitioner :- Satya Narayan Singh Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Vikas Budhwar,Sunil Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vikas Budhwar, learned counsel for the petitioner, Sri Irshad Hussain, 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 4.12.2016, registered as case crime No.1135 of 2016, under Sections 419, 420, 467, 468, 471, 406 I.P.C., P.S. Cantt., District Gorakhpur.
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 petitioner is an agent of the Company in question where the respondent no.3 was also employed and there was some dispute between between the parties regarding payment, on account of which the impugned FIR has been lodged by respondent no.3 against the petitioner as well as Directors of the Company in question. He next argued that the petitioner was an Ex-Army man and is aged about 75 years, the said fact has been mentioned in paragraph no.17 of the writ petition. 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, nature of the allegations and taking into account the age of the petitioner, 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.
The case of the petitioner is distinguished from the other co-accused persons.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018/NS