Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2388 of 2019 Petitioner :- Vipin Bajaj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Respondent :- G.A.,Shashank Tripathi
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mithilesh Kumar Shukla, learned counsel for the petitioner, Sri Shashank Tripathi, learned counsel for the caveator, Sri Jai Narain, 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 8.12.2018, registered as case crime No.1111 of 2018, under Sections 420, 467, 468 I.P.C. and under Section 24/25 of Guardian and Senior Citizen Care and Welfare Act, 2007, Police Station Naubasta, District Kanpur Nagar.
Learned counsel for the petitioner submits that the petitioner is the son of respondent no.3 and there was some dispute between them regarding ancestral property. He further submits that the impugned FIR has also been challenged by the co-accused Ritika Bajaj who is daughter- in-law of respondent no.3, whose arrest has been stayed by a Coordinate Bench of this Court vide order dated 22.1.2019 in Crl. Misc. Writ Petition No.1415 of 2019, copy of which has been produced, the same is taken on record. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned counsel for the caveator as well as learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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 :- 29.1.2019/NS