Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20395 of 2018 Petitioner :- Sukhpal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Chandra,Alok Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Suresh Chandra, learned counsel for the petitioner, Sri Prabhash Pandey, 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 10.7.2018 registered as case crime no. 415 of 2018 under sections 420, 409 I.P.C., police station Chhata, District Mathura.
Learned counsel for the petitioner submits that the incident in question is said to have taken place in the year 1996. The petitioner has retired from service in the year 2010 and all the retiral benefits have been given to him. Thereafter, the present F.I.R. has been registered in the year 2018 after almost eight years of his retirement levelling false and frivolous allegations 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.
The Investigating Officer of the present case is directed to conclude the investigation of the present case and submit the police report before the court below in accordance with law expeditiously preferably within a period of eight weeks from the date of production of a certified copy of this order.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018 Shiraz