A.K. Mukharji vs State Of U.P. And 3 Others
2018 Latest Caselaw 572 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12477 of 2018
 
Petitioner :- A.K. Mukharji
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sudist Kumar
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Sudist Kumar, 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 30.7.2017, registered as case crime No.658 of 2017, under Sections 419, 420 I.P.C. Police Station Rohaniya, District Varanasi.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicaed in the present case with malafide intention. He further submits that the impugned FIR has been lodged on the basis of an application under Section 156(3) Cr.P.C. with a malafide intention after 10 years of the incident. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. From perusal of the FIR, no offence is made out against the petitioner, hence, the same 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 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 :- 16.5.2018/NS