Petitioner sought quashing of FIR under Section 406 IPC alleging false implications. Court ordered non-arrest pending police report under Cr.P.C. 173(2), subject to cooperation in investigation.
Petitioner shall not be arrested pending submission of police report under Cr.P.C. 173(2); must cooperate with investigation.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 21278 of 2018
Petitioner :- Bantu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Tripathi,Rajeev Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vijay Tripathi, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 8.7.2018 registered as case crime no. 457 of 2018 under section 406 I.P.C., police station Khandauli, District Agra.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case by respondent no. 4 levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions adavanced 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 :- 7.8.2018 Shiraz
Bantu
State of U.P.
Dinesh Kumar Singh
Ramesh Sinha
As recorded by the court registry
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