Kaushal Kishore Nigam vs State Of U.P. And 2 Others
2018 Latest Caselaw 860 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13461 of 2018
 
Petitioner :- Kaushal Kishore Nigam
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Saima Saher
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Ms. Saima Saher, 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 30.4.2018, registered as case crime No.249 of 2016, under Sections 147, 148, 149, 307, 323, 343, 341, 342, 436, 394, 332, 353, 166, 188 I.P.C., and 3/4 Public Property Damages Act and Section 7 Crl. Law Amendment Act, Police Station Hapur Nagar, District Hapur.

Learned counsel for the petitioners submits that the petitioner is not named in the FIR and his name has come into light when the petitioner moved surrender application before the Court below and the police submitted report stating that the petitioner is wanted in the case. The petitioner has been falsely implicated in the present case due to village parti bandi. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. He further submitted that the named accused, namely, Anil Azad has already challenged the impugned FIR by means of filing Crl. Misc. Writ Petition No.9410 of 2018 in which his arrest has been stayed by this Court vide order dated 13.4.2018, copy of which has been produced and the same is taken on record, hence, arrest of the petitioner may also be stayed by this Court.

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 :- 24.5.2018/NS