Suraj Kumar Maurya And Another vs State Of U.P. And 2 Others
2018 Latest Caselaw 939 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13650 of 2018
 
Petitioner :- Suraj Kumar Maurya And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Anil Kumar Mishra
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri A.K.Mishra,learned counsel for the petitioners, Ms. Ibha Sinha, 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 petitioners with a prayer to quash the FIR dated 6.5.2018, registered as case crime No.256 of 2018, under Sections 381, 411 I.P.C., Police Station Robertsganj, District Sonebhadra.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that petitioner no.1 is an employee of respondent no.3, petitioner no.2 happens to be a friend of respondent no.3 and there was some dispute between the petitioner no.1 and respondent no.3 with respect to payment of salary, on account of which the impugned FIR has been lodged by respondent no.3 against the petitioners levelling false and frivolous allegations, though no offence is made out against the petitioners, 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 petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they 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