Ram Gopal Misra And Anr. vs State Of U.P. Thru. Secy. Home And ...
2017 Latest Caselaw 2461 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 15517 of 2017
 
Petitioner :- Ram Gopal Misra And Anr.
 
Respondent :- State Of U.P. Thru. Secy. Home And Ors.
 
Counsel for Petitioner :- Pramesh Kumar Jaiswal
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri P.K.Jaiswal, learned counsel for the petitioners, Mrs. Smriti Sahai, 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 petitioners with a prayer to quash the FIR dated 31.5.2017 registered as Case Crime No.790 of2017, under Sections 419, 420, 467, 468, 471 I.P.C., Police station Sadar, District Kheri.

Learned counsel for the petitioners submits that the petitioner is innocent and has been falsely implicated in the present case. He further submits that civil suit has already been filed by respondent no.4 against the petitioners which is pending, hence, the present FIR has been lodged against the petitioner just as a pressure tactics. No offence is made out against the petitioner, hence, the FIR 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 petitioners.

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