Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14426 of 2018 Petitioner :- Tribhuwan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar Singh Counsel for Respondent :- G.A.,Raj Kumar Sharma
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Gorakhnath Maurya, holding brief of Sri Sandeep Kumar Singh, learned counsel for the petitioner, Ms. Archana Upadhyay, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
Sri Raj Kumar Sharma, learned counsel for the Caveater is not present though the matter is called in the revised list.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 21.5.2018 registered as case crime no. 0083 of 2018 under sections 3,5 of Prevention of Damages to the Public Properties Act, 1984, police station Utranon, District Allahabad.
Learned counsel for the petitioner submits that the petitioner is innocent and the present FIR has been lodged with a 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 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 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 :- 30.5.2018 Deepika