Bhanu Alias Badre Alam vs State Of U.P. And 3 Others
2018 Latest Caselaw 1216 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14497 of 2018
 
Petitioner :- Bhanu Alias Badre Alam
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Akhil Ranjan
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Akhil Ranjan, 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 21.3.2017, registered as case crime No.100 of 2017, under Sections 386, 504, 506 I.P.C., Police Station Tiwaripur, District Gorakhpur.

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 petitioner was only an introducer of the property in question to respondent no.4, on account of which just for the purpose of harassment he has been falsely implicated in the present case. The allegations levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court. He further argued that the petitioner is having criminal history of one case, in which he has already been granted bail by the competent Court, the said fact has been mentioned in paragraph no.16 of the writ petition.

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 :- 31.5.2018/NS