Deepesh Kumar vs State Of U.P. And 4 Others
2018 Latest Caselaw 933 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13665 of 2018
 
Petitioner :- Deepesh Kumar
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Kamal Dev Pandey,Pawan Kumar
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri K.D.Pandey, learned counsel for the petitioner, Sri G.P.Singh, 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 5.3.2018, registered as case crime No.182 of 2018, under Sections 376, 506 I.P.C. and 3(2) (v) & 3(2) (va) of SC/ST Act, Police Station Civil Lines, District Moradabad.

Learned counsel for the petitioner submits that the petitioner is a Junior Engineer and private respondent no.5 has come in contact with the petitioner by way of chatting through Internet and some dispute arose between them, on account of which the impugned FIR has been lodged by respondent no.5 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 :- 25.5.2018/NS