Rakesh Kumar Pal vs State Of U.P. And 3 Others
2018 Latest Caselaw 631 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12582 of 2018
 
Petitioner :- Rakesh Kumar Pal
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Dinesh Kumar Maurya,Kamala Shanker Yadav
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri D.K.Maurya,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 11.5.2015, registered as case crime No.206 of 2015, under Sections 419, 420, 467, 468, 471, 504 & 506 I.P.C., Police Station Jhunsi, District Allahabad.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention.The allegation levelled against the petitioner are absolutely false, frivolous and baseless. He further submits that the identically situated co-accused, namely, Ajay Kumar @ Ajay Harijan has already challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.28880 of 2015, which has been disposed of by Coordinate Bench of this Court vide order dated 8.12.2015 staying the arrest of the said co-accused, copy of which is annexed as at page-56 of the writ petition, hence, the petitioner is also entitled for the same relief.

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 :- 17.5.2018/NS