Nitesh Kushwaha vs State Of U P And 2 Others
2018 Latest Caselaw 574 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12476 of 2018
 
Petitioner :- Nitesh Kushwaha
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Kiran Tiwari,Mahesh Chandra Tiwari
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri M.C.Tiwari, 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 22.3.2018, registered as case crime No.322 of 2018, under Sections 457, 380, 411 I.P.C., Police Station Sadar Bazar, District Agra.

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 the allegation levelled against the petitioner is absolutely, false, frivolous and baseless. The petitioner has no criminal antecedents, the said fact has been mentioned in paragraph no.5. No offence is made out against 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 :- 16.5.2018/NS