Amit Tripathi And 2 Others vs State Of U.P. And 2 Others
2018 Latest Caselaw 617 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12614 of 2018
 
Petitioner :- Amit Tripathi And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Lalit Kumar Srivastava
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri L.K.Srivastava, 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 28.4.2018, registered as case crime No.142 of 2018, under Sections 406, 420, 323, 504, 506 I.P.C., Police Station Rakabganj, District Agra.

Learned counsel for the petitioners submits that initially the respondent no.3 had moved an application under Section 156(3) Cr.P.C. which was treated as a complaint by the learned Magistrate and did not appear before the learned Magistrate for pursuing his complaint, but subsequently, he lodged the present FIR against the petitioners levelling false and frivolous allegations, though 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 :- 17.5.2018/NS