Kusmakar @ Khuttana @ Kushpal vs State Of U.P. And 2 Others
2018 Latest Caselaw 1011 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13785 of 2018
 
Petitioner :- Kusmakar @ Khuttana @ Kushpal
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Manish Yadav
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Manish Yadav, learned counsel for the petitioner, 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 22.4.2018, registered as case crime No.144 of 2018, under Sections 147, 148, 323, 384, 427, 506 I.P.C., Police Statioin Pinahat, District Agra.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the impugned FIR has been lodged by respondent no.3 against the petitioner as a counter-blast to the FIR which was lodged by the petitioners against respondent no.3. It is a case of no injury. He further submits that the allegations levelled against the petitioner are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out out against the petitioner, 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 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.

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

Order Date :- 28.5.2018/NS