Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10488 of 2018 Petitioner :- Sushil Rallan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Narayan Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ram Nath Mishra, Advocate, holding brief of Sri Raj Narain Tiwari, learned counsel for the applicant, Sri Prakash Pandey, learned AGA 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. NO. 0253 of 2018, dated 15.03.2018, lodged under Sections 420 and 506 IPC, Police Station Majhola, District Moradabad.
Learned counsel for the petitioner submits that present FIR has been lodged on the basis of application moved u/s 156(3) Cr.P.C. with malafide intention. From the perusal of the FIR, no offence is made out against the petitioner.
Learned A.G.A. for the State opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 VKG