Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14394 of 2018 Petitioner :- Shyam Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Raj Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ram Raj Pandey, learned counsel for the petitioner, Sri Gaurav Pratap Singh, learned Brief Holder 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 25.5.2018 registered as case crime no.708 of 2018 under sections 420, 467, 468, 471 IPC, police station Baghpat, District Baghpat.
Learned counsel for the petitioner submits that there is a civil dispute between the parties. 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. 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 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 :- 30.5.2018 AU