Gyan Singh vs State Of U.P. And 2 Others
2018 Latest Caselaw 836 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13284 of 2018
 
Petitioner :- Gyan Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Rajeev Tiwari
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Rajeev Tiwari, 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 15.4.2018, registered as case crime No.181 of 2018, under Sections 420, 467, 468, 452, 323, 504, 506 I.P.C., Police Station Saurikh, District Kannauj.

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, Smt. Meera @ Mamta has already challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.12404 of 2018, which has been disposed of by this Court vide order dated 15.5.2018 staying the arrest of the said co-accused, copy of which has been produced by learned counsel for the petitioner and the same is taken on record, 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 :- 23.5.2018/NS