Vivek Verma vs State Of U.P. And 3 Others
2018 Latest Caselaw 942 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13638 of 2018
 

 
Petitioner :- Vivek Verma
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Vimlendu Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Vimlendu Tripathi, 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 29.4.2018, registered as case crime No.59 of 2018, under Section 409 I.P.C., Police Station Hazara, District Pilibhit.

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 submits that the petitioner is not the drawing or disbursing authority and he has only supervisory powers and the money which is being received by the allottee, it is his job to get the construction done and the amount is directly paid in his account. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. 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