Roopam Srivastava & Ors. vs State Of U.P. Thru. Prin. Secy., ...
2017 Latest Caselaw 2501 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 15733 of 2017
 
Petitioner :- Roopam Srivastava & Ors.
 
Respondent :- State Of U.P. Thru. Prin. Secy., Home & Ors.
 
Counsel for Petitioner :- Kunwar Mukul Rakesh,Kunwar Shushant Prakash
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri K.S.Prakash, learned counsel for the petitioners, 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 petitioners with a prayer to quash the FIR dated 14.5.2017 registered as Case Crime No.299 of 2017, under Sections 420, 406, 323, 504, 506 I.P.C., Police Station -.G.I., District-Lucknow.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. He further submits that the dispute between the parties is contractual in nature. The impugned FIR has been lodged against the petitioners by respondent no.4 with ulterior motive. He further argued that the allegation levelled against the petitioners is absolutely false, frivolous and baseless. From perusal of the FIR, no offence is made out against the petitioners, 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 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 :- 18.7.2017/NS