Vivek @ Bitu vs State Of U.P. And Another
2018 Latest Caselaw 518 ALL

Citation : 2018 Latest Caselaw 518 ALL
Judgement Date : 14 May, 2018

Allahabad High Court

Vivek @ Bitu vs State Of U.P. And Another on 14 May, 2018

Bench: Ramesh Sinha, Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12276 of 2018
 
Petitioner :- Vivek @ Bitu
 
Respondent :- State Of U.P. And Another
 
Counsel for Petitioner :- Yadvendra Singh
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Yadvendra Singh, 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 1.5.2018, registered as case crime No.275 of 2018, under Sections 147, 148, 149, 332, 353, 341, 336, 323, 504, 506 I.P.C. and Section 3 Prevention of Public Property Damages Act, Police Station Soron, District Kashi Ram Nagar.

Learned counsel for the petitioner submits that is working as a Constable in U.P. Police and at the time of the alleged incident he was on leave and due to personal need he had gone to market for purchasing domestic belonging, but he has been falsely implicated in the present case. He further submits that the incident is said to have taken place on 30.4.2018 whereas the FIR has been lodged on 1.5.2018, which is an afterthought and has been lodged after due consultation. It is a case of no injury, the said fact has been mentioned in paragraph no.7 of the writ petition. The allegation 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.

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 petitioners.

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