Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16000 of 2019 Petitioner :- Surendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bairister Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Bairister Singh, learned counsel for the petitioner, Sri G.P. Singh, 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 with the prayer to quash the F.I.R. dated 23.4.2019, registered as Case Crime No.191 of 2019, u/s 323, 504, 506, 452, 406 IPC, P.S. Shivpur, district Varanasi.
Learned counsel for the petitioner submits that earlier an FIR was lodged against the petitioner by respondent no.4 which was challenged by him by filing Criminal Misc. Writ Petition No.9750 of 2018 in which interim protection has been granted in his favour by this Court on 17.4.2018, copy of the said order is annexed on page 30 of the present petition. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Gaurav