Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37119 of 2018 Petitioner :- Shiv Narayan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri J.P. Mishra, learned counsel for the petitioner, Sri N.K. Tiwari, 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 17.11.2018 registered as case crime no. 762 of 2018 under sections 452, 387, 323, 504, 506 I.P.C., police station Kotwali Nagar, District Banda.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case by respondent no. 3, who is an Advocate levelling false and frivolous allegations of extorting money just to harass him, hence the same is liable to be quashed by this Court.
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 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 :- 18.12.2018 Shiraz