Prabhat Gupta @ Prabhat Kumar vs State Of U.P. And 3 Others
2018 Latest Caselaw 832 ALL

Citation : 2018 Latest Caselaw 832 ALL
Judgement Date : 23 May, 2018

Allahabad High Court

Prabhat Gupta @ Prabhat Kumar vs State Of U.P. And 3 Others on 23 May, 2018

Bench: Ramesh Sinha, Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13290 of 2018
 
Petitioner :- Prabhat Gupta @ Prabhat Kumar
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Kartikeya Saran
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Ujjawal Satsangi, holding brief of Sri Kartikeya Saran, learned counsel for the petitioner, Ms. Ibha Sinha,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 24.4.2018, registered as case crime No.211 of 2018, under Sections 285, 290, 120-B, 427, 436 I.P.C. and Section 4 of The Prevention of Damage to Public Property Act, 1984, Police Station Jahangirabad, District Blandshahr.

Learned counsel for the petitioner submits that earlier for the similar offence an FIR was lodged by the public servant which was registered as Case Crime No.215 of 2018, under Section 3, 7 of E.C. Act, 1955, P.S. Jahangirabad, District Bulandshahr and the same was challenged before this Court in Crl. Misc. Writ Petition No.12532 of 2018 in which his arrest has been stayed by this Court vide order dated 16.5.2018, copy of which has been produced and the same is taken on record and this is another FIR which has been lodged by the aggrieved person. He further submitted that the allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to 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 :- 23.5.2018/NS