Amit Kumar Rastogi vs State Of U.P. Thru. Secy. Home ...
2017 Latest Caselaw 2602 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 16046 of 2017
 
Petitioner :- Amit Kumar Rastogi
 
Respondent :- State Of U.P. Thru. Secy. Home Civil Sectt. Lucknow & Ors
 
Counsel for Petitioner :- Jalaj Kumar Gupta
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri J.K.Gupta, learned counsel for the petitioner, Sri S.P. Singh, 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 29.4.2017 registered as Case Crime No.743 of 2017, under Sections 419, 420, 467, 468 I.P.C., Police Station-Kotwali Nanpara, District Bahraich.

Learned counsel for the petitioner submits that the

Learned counsel for the petitioner submits that the impugned FIR has been lodged on the basis of an application under Section 156(3) Cr.P.C.  by respondent no.4 against the petitioner with a malafide intention. He further submits that petitioner is a bonafide purchaser of the property in question and has been falsely implicated in the present case.  The allegation levelled against the petitioner is absolutely false, frivolous and baseless. From perusal of the FIR, no offence is made out against the petitioner, hence, the FIR  be quashed.

Learned A.G.A. and learned counsel for the respondent no. ... 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 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 :- 20.7.2017/NS