Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31157 of 2018 Petitioner :- Sushil Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Purushottam Upadhyay Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner, 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 19.7.2018 registered as case crime no. 395 of 2018 under sections 420, 467, 468, 471, 120-B I.P.C. and Section 3 Prevention of Public Property Damages Act, Police Station Bidhanu, District Kanpur Nagar.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case by respondent no. 4 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.
With the above direction this petition is finally disposed of.
Order Date :- 30.10.2018 SA