Dhansingh vs State Of U.P. And 2 Others
2018 Latest Caselaw 841 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13271 of 2018
 
Petitioner :- Dhansingh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Kuldeep Kumar
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Kuldeep Kumar, 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 20.3.2018, registered as case crime No.204 of 2018, under Sections 420, 323, 504, 506 I.P.C., Police Station Kotwali City, District Bulandshahr.

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 submitted that the petitioner and the informant-respondent no.4 are co-tenure holders of the property in question and there was some dispute between them regarding share, on account of which the impugned FIR has been lodged against the petitioner levelling false and frivolous allegations, though 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