Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 5864 of 2017 Petitioner :- Yogesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Tripathi Counsel for Respondent :- G.A.,Ashok Kumar Srivastava
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Sri R.S. Chaudhari and Sri N.I. Jafri, Advocate have filed their power on behalf of the respondent no. 3 which are taken on record.
Heard Sri Pankaj Tripathi, learned counsel for the petitioner, Sri R.S. Chaudhari, Sri N.I. Jafri, learned counsel for the respondent no. 3 and 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 by the petitioner with a prayer to quash the F.I.R. registered as case crime no. 0215 of 2017, under sections 395, 354, 354(a), 332, 353 I.P.C. & 3(1)X S.C./S.T. (Prevention of Atrocities) Act, police station Mawana, District Meerut.
Learned counsel for the petitioners submits that the respondent no. 3 is working in Gangol Dugdh Uttpadak Sahakari Samiti Ltd. where the petitioner is posted as Director. He submits that there has been some complaints against the respondent no. 3 regarding her work for which some action has been taken against her and F.I.R. was registered. He further argued that the respondent no. 3 is habitual in harassing innocent persons by lodging false F.I.R. where she is posted.
Learned A.G.A. as well as learned counsel for the respondent no. 3 opposed the argument of learned counsel for the petitioner but could not dispute the argument of learned counsel for the petitioner that the petitioner and respondent no. 3 are working in the same Sahkari Samiti.
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 :- 18.4.2017 Manoj