Vinay Kumar Shahi vs State Of U.P. And 2 Others
2018 Latest Caselaw 502 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12273 of 2018
 
Petitioner :- Vinay Kumar Shahi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Aditya Kumar Tripathi
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri A.K.Tripathi, learned counsel for the petitioner, Sri A.K.Sand, 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 22.6.2017, registered as case crime No.458 of 2017, under Sections 294, 354 I.P.C., Police Station Kotwali, District Etawah.

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 earlier an FIR was also lodged against the petitioner by respondent no.3 which was registered as case crime No.41 of 2018, under Sections 354(Ka), 364, 427, 436, 323, 504, 506, 511 I.P.C., Police Station Civil Lines, District Etawah, which was challenged before this Court by means of filing Crl. Misc. Writ Petition No.4611 of 2018, in which his arrest has been stayed by this Court vide order dated 23.2.2018, copy of which is annexed as Annexure-6 (at page-47) to the writ petition. He next argued that maternal uncle of respondent no.3 was harassing the petitioner in running his Computer Institute and demanded illegal money, which was refused by the petitioner, for which an application was given by the petitioner to the S.S.P., Etawah on 17.6.2017 through speed post, copy of which is annexed at page-33 & 34 of the writ petition, but no action was taken against the respondent no.3, hence, the impugned FIR has been lodged by respondent no.3 against the petitioner levelling false and frivolous allegation, though no offence is made out agaisnt the petitioner, hence, FIR is liable to be quashed by this Court.

Learned A.G.A.opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.

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 :- 14.5.2018/NS