Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14172 of 2018 Petitioner :- Shahid Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shahabuddin Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shahabuddin, learned counsel for the petitioner, 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 21.8.2017 registered as case crime no. 1460 of 2017 under sections 420, 467, 468, 471, 383, 384, 504, 506, 120B IPC, police station Vijay Nagar, District Ghaziabad.
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. The FIR has been lodged after 15 years of the incident. From the perusal of the FIR, no offence is made out against the petitioner, hence the same be quashed.
Learned A.G.A. opposed the prayer for quashing.
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 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 :- 29.5.2018 AU