Suraj Pandey And Another vs State Of U.P. And 2 Others
2018 Latest Caselaw 1007 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13798 of 2018
 

 
Petitioner :- Suraj Pandey And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ravi Sahu,Sanjay Kumar Sahu
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Ravi Sahu, learned counsel for the petitioners, Sri N.K.Verma, 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 15.1.2018, registered as case crime No.18 of 2018, under Sections 420, 406, 468, 471, 323, 504, 506, 392 I.P.C., Police Station Kakadeo, District Kanpur Nagar.

Learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicaed in the present case. He further submits that the impugned FIR has been lodged by respondent no.3 against the petitioners on the basis of an application under Section 156(3) Cr.P.C. with a malafide intention. The allegation levelled against the petitioners are 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.

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.

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 28.5.2018/NS