Atul Sharma vs State Of U.P. And 2 Others
2018 Latest Caselaw 897 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13444 of 2018
 
Petitioner :- Atul Sharma
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Jagdish Prasad Mishra
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri J.P.Mishra, 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 16.2.2018, registered as case crime No.144 of 2018, under Sections 420, 406 I.P.C., P.S. Nai Mandi, District Muzaffarnagar.

Learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in the present case with ulterior motive for the purpose of harassment. He further submits that the petitioner was an employee of respondent no.3 and there was some dispute between them with respect to money, on account of which the impugned FIR has been lodged by respondent no.3 against the petitioner levelling false and frivolous allegations, though no offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.

Learned A.G.A. opposed the prayer for quashing of the FIR.

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