Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22959 of 2018 Petitioner :- Vinod Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- J.B. Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri J.B. Singh, learned counsel for the petitioner, 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 petitioner with a prayer to quash the FIR dated 10.07.2018, registered as case crime No.54 of 2018, under Sections 354/506 I.P.C., P.S. Ecotech-I, District Gautam Budh Nagar.
Learned counsel for the petitioner submits that the petitioner is innocent and have been falsely implicated in the present case with malafide intention. He further submitted that the present F.I.R. has been lodged by respondent no.3 against the petitioner on the basis of application under section 156 (3) Cr.P.C. The allegation levelled against the petitioner are absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 23.8.2018 VKG