Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37595 of 2018 Petitioner :- Vishnu Kumar Goyal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nitin Chandra Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Supplementary Affidavit filed today is taken on record.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 28.11.2018 registered as Case Crime No.141 of 2018, under sections 147, 323, 504, 506 I.P.C and Section 3(1)(2)gha of SC/ST Act, P.S. Manikpur, District Chitrakoot.
It is submitted that the petitioner instituted O.S. No. 66 of 2018 before Civil Judge (Sr. Division), Chitrakoot against one M/s REL Contracts Pvt. Ltd, the Company appointed the petitioner as its sub-contractor and in respect of the said dispute, an interim injunction came to be passed in favour of the petitioner-plaintiff on 8.10.2018, which gave rise to the aforesaid F.I.R, dated 28.11.2018 lodged by worker of the said Company on false, fabricated and motivated allegations, which being an abuse of process of the Court, is liable to be quashed.
Learned A.G.A, has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 21.12.2018 / N.S.Rathour