Rohit Goyal vs State Of U.P. And 2 Others
2018 Latest Caselaw 792 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13117 of 2018
 
Petitioner :- Rohit Goyal
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Bharat Garg,Dharmendra Singhal
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Shivendra Raj Singhhal, holding brief of Sri Dharmendra Singhal, learned counsel for the petitioner, Sri G.P. Singh,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 4.9.2017, registered as case crime No.907 of 2017, under Section 2/3 of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Highway, District Mathura.

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 is absolutely false, frivolous and baseless. He further submits that the identically situated co-accused persons have already challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.19389 of 2017 and Crl. Misc. Writ Petition No.4520 of 2018 which have been disposed of by Coordinate Benches of this Court vide orders dated 18.9.2017 and 23.2.2018, staying the arrest of the said co-accused persons, copies of which are annexed as Annexure-4 (at pages-36 & 38) to 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 :- 22.5.2018/NS