Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26503 of 2018 Petitioner :- Yogesh Chandra Dubey Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Prashant Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit filed today on behalf of the petitioner is taken on record.
Heard Sri P.K. Tripathi, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the notice dated 1.9.2018 in pursuance of FIR dated 8.4.2018, registered as Case Crime No.130 of 2018, u/s 419, 420, 467, 468, 471, 406, 504, 506 IPC, P.S. Kotwali Dehat, district Mirzapur.
Learned counsel for the petitioner submits that final report has been submitted in the present case but petitioner has received a notice from the Investigating Officer of the case for his appearance u/s 41-A Cr.P.C. He submits that as the final report has been submitted, hence notice which has been issued by the Investigating Officer does not appear to be a reasoned one. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner 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 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 :- 24.9.2018 Gaurav