Pramod Kumar And Another vs State Of U P And 2 Others
2018 Latest Caselaw 545 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12415 of 2018
 
Petitioner :- Pramod Kumar And Another
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Bipin Kumar Tripathi
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri B.K.Tripathi, learned counsel for the petitioners, 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 petitioners with a prayer to quash the FIR dated 26.3.2018, registered as case crime No.232 of 2018, under Section 380 I.P.C., Police Station Soraon, District Kanshiram Nagar.

Learned counsel for the petitioners submits that the petitioners are father and son respectively and they have been maliciously dragged in the present case by respondent no.3 just to escape the liability of payment of salary due over the respondent no.3 becuase the respondent no.3 is the Proprietor of the firm, i.e., M/s. Umesh Talwar Railway Contractor, N.E. Railway, Izzatnagar Bareilly and the petitioner no.1 is the Supervisor in the aforesaid firm, whereas the petitioner no.2 is the site clerk in the Railway contract business of respondent no.3. He next argued that the allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, 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 petitioners.

Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they 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 :- 15.5.2018/NS