Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20112 of 2018 Petitioner :- Sushil Chandra Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sarvesh Counsel for Respondent :- G.A.,Sanjay Srivastava
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioner, Sri Sanjay Srivastava, learned counsel for the caveator, 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 petitioners with a prayer to quash the F.I.R. dated 01.07.2018 registered as case crime no.0145 of 2018 under sections 354A (1)(i), 294, 500 I.P.C., Police station Gwaltoli, District Kanpur Nagar.
Learned counsel for the petitioner submits that petitioner is innocent and the present FIR has been lodged with malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioner shall not be arrested in the above mentioned case till submission of 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 :- 26.7.2018 Madhurima