Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 5984 of 2017 Petitioner :- Upendra Yadav @ Buddhu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Kumar,Ajai Kumar Singh Kushwaha Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri Abhishek Kumar, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 31.1.2017 registered as Case Crime No.85 of 2017, under Section 379 I.P.C., Police Station-Chabeypur, District Varanasi.
Learned counsel for the petitioners submits that respondent no.4 is uncle of petitioner and there is some family dispute between the parties, on account of which the present FIR has been lodged by respondent no.4 against the petitioner levelling false and frivolous allegation. From perusal of the FIR, no offence is made out against the petitioner, hence, FIR be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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.
(Mrs. Rekha Dikshit,J.) (Ramesh Sinha, J.) Order Date :- 19.4.2017/NS