Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24438 of 2018 Petitioner :- Shravan Kumar Kaushal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Kumar Upadhyay Counsel for Respondent :- G.A.,Kamlesh Kumar Dwivedi
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dinesh Bahadur, Advocate holding brief of Sri Rajeev Kumar Upadhyay, learned counsel for the petitioners, Sri K.K. Dwivedi, learned counsel for the caveator, 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 17.8.2018 registered as case crime no.889 of 2018 under sections 406, 420, 465, 467, 468, 471, 474, 120B, 504, 506 I.P.C., police station Jagdishpura, District Agra.
Learned counsel for the petitioners 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.4 against the petitioners. It is further submitted that the allegation levelled against the petitioners is absolutely false, frivolous and baseless. From the perusal of the FIR, no offence is made out against the petitioners, 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 they 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 :- 5.9.2018 AU