Sanjay Singh And Another vs State Of U.P. And 2 Others
2018 Latest Caselaw 570 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12484 of 2018
 
Petitioner :- Sanjay Singh And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Irshad Ahmad
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Ansar Ahmad holding brief of Sri Irshad Ahmad, learned counsel for the petitioners, 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 petitioners with a prayer to quash the FIR dated 27.3.2018, registered as case crime No.408 of 2018, under Sections 392, 452, 354(Kha), 504 I.P.C. & 3(2) (v) SC/ST Act, Police Station Chakeri, District Kanpur Nagar.

Learned counsel for the petitioners submits that the petitioners who are father and son respectively are innocent and they have been falsely implicated in the present case with malafide intention. He further submits that it is a case of no injury, the said fact has been mentioned in paragraph no.16 of the writ petition.He next argued that daughter of petitioner no.1 was teased by the son of respondent no.3 for which proceedings were initiated under Section 107/116 Cr.P.C. against the son of respondent no.3, on account of which, the present FIR has been lodged by respondent no.3 against the petitioners levelling false and frivolous allegation, though no offence is made out against them, 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 :- 16.5.2018/NS