Shishu Pal vs State Of U.P. And 3 Others
2018 Latest Caselaw 800 ALL

Citation : 2018 Latest Caselaw 800 ALL
Judgement Date : 22 May, 2018

Allahabad High Court

Shishu Pal vs State Of U.P. And 3 Others on 22 May, 2018

Bench: Ramesh Sinha, Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13095 of 2018
 
Petitioner :- Shishu Pal
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Mohd. Iqbal Farooqui
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Mohd. Iqbal Farrooqui, learned counsel for the petitioner, Sri Pawan Shukla, 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 2.3.2017, registered as case crime No.316 of 2017, under Sections 420, 406 I.P.C., Police Station Kavi Nagar, District Ghaziabad.

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 earlier two FIRs being Case Crime No.975 of 2017 and Case Crime No.319 of 2017 were also registered against the petitioner which were challenged by the petitioner before this Court by means of filing Crl. Misc. Writ Petition No.5107 of 2018 & Crl. Misc. Writ Petition No.25141 of 2017 in which his arrest has been stayed by Coordinate Benches of this Court vide orders dated 27.2.2018 & 16.11.2017 respectively, copies of which have been annexed at pages-26 & 29 of the writ petition and now the present FIR has also been registered against the petitioner with the similar allegation. No offence is made out against the petitioner, hence, FIR be quashed.

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