Dinesh Tyagi vs State Of U.P. And 2 Others
2018 Latest Caselaw 740 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12992 of 2018
 
Petitioner :- Dinesh Tyagi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Uma Nath Pandey
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Sri C.B.Singh, Advocate, has filed his Vakalatnama on behalf of respondent no.3 today in Court, which is taken on record.

Heard Sri Shiv Ram Dubey, holding brief of Sri Uma Nath Pandey, learned counsel for the petitioner, Sri C.B.Singh, learned counsel for the respondent no.3,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 21.4.2018, registered as case crime No.197 of 2018, under Sections 420, 467, 468, 471 I.P.C., Police Station Parikshitgarh, District Meerut.

Learned counsel for the petitioner submits that the petitioner and respondent no.3 are closely related to each other as respondent no.3 happens to be real sister of petitioner and there was some dispute between them with respect to a house, on account of which the impugned FIR has been lodged by respondent no.3 against the petitioner levelling false and frivolous allegations, though no offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.

Learned counsel for respondent no.3 as well as 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 :- 21.5.2018/NS