Rajkumar vs State Of U.P. Thru. Prin. Secy. ...
2017 Latest Caselaw 2427 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 15513 of 2017
 
Petitioner :- Rajkumar
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. & Ors.
 
Counsel for Petitioner :- Surendra Kumar,Nisha Srivastava
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Ms. Nisha Srivastava, learned counsel for the petitioner, Sri G.D.Bhatt, 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 23.4.2017 registered as Case Crime No.426 of 2017, under Sections 395, 427 I.P.C.  and Section 7 of Criminal Law (Amendment) Act, 1932, Police Station-Mariao, District Lucknow.

Learned counsel for the petitioner submits that petitioner is a heart patient and has been falsely implicated in the present case.He further submits that no overt act has been assigned to the petitioner.   From perusal of the FIR, no offence is made out against the petitioner, hence, the same be quashed.

Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.

Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they 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 :- 17.7.2017/NS