Citation : 2018 Latest Caselaw 1137 ALL
Judgement Date : 30 May, 2018
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 14252 of 2018 Petitioner :- Yash Pal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bijay Singh Sachan Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri B.S.Sachan, 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 25.1.2013, registered as case crime No.34 of 2013, under Sections 409, 420, 467, 147, 120-B I.P.C., Police Station Bilsi, District Budaun.
Learned counsel for the petitioners submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention.The allegation levelled against the petitioner are absolutely false, frivolous and baseless. He further submits that the identically situated co-accused persons have already challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.3565 of 2018 & Crl. Misc. Writ Petition No.5299 of 2018 which have been disposed of by Coordinate Bench of this Court vide order dated 15.2.2018 and 5.3.2018 staying the arrest of the said co-accused persons, copies of which are annexed as Annexure-8 (at pages-85 & 86) to the writ petition, hence, the petitioner is also entitled for the same relief.
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 :- 30.5.2018/NS
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