Rajnish vs State Of U.P. And 2 Others
2018 Latest Caselaw 993 ALL

Citation : 2018 Latest Caselaw 993 ALL
Judgement Date : 28 May, 2018

Allahabad High Court

Rajnish vs State Of U.P. And 2 Others on 28 May, 2018

Bench: Ramesh Sinha, Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13827 of 2018
 
Petitioner :- Rajnish
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Rama Shankar Mishra
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri R.S.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 6.4.2018, registered as case crime No. 375 of 2018, under Sections 420, 406, 323, 504, 506, 367 I.P.C., Police Station Khurja Nagar, District Bulandshahr.

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 real brother of co-accused, namely, Guddu @ Navneet Garg, against whom main allegation has been levelled, on account of which the petitioner has been falsely implicated in the present case though he has no concern with the alleged offence. He further submits that five FIRs for the similar offence have been registered against the petitioner and other co-accused persons and one of the FIR has been challenged by the petitioner before this Court by means of filing Crl. Misc. Writ Petition No.12676 of 2018, in which his arrest has been stayed by this Court vide order dated 17.5.2018, 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.

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.

The case of the petitioner is distinguishable from co-accused Guddu @ Navneet Garg.

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 28.5.2018/NS