Dinanath Chaubey @ Dubey v. State of U.P. and 3 Others
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Case :- CRIMINAL MISC. WRIT PETITION No. -…
Case :- CRIMINAL MISC. WRIT PETITION No. -…
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22295 of 2018
Petitioner :- Dinanath Chaubey @ Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hridaya Narain Shukla,Mohd.Aslam Azhar Khan
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri H.N. Shukla, learned counsel for the petitioner, Sri N.K. Verma, 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 with the prayer to quash the F.I.R. dated 14.6.2018, registered as Case Crime No.285 of 2018, 419, 420, 467, 468, 509 IPC, P.S. Chaubeypur, district Varanasi.
Learned counsel for the petitioner submits that private respondent is the father-in-law of the son of petitioner who has lodged the present FIR. The petitioner has served for about 40 years on the post which was held by him and thereafter he retired. After 40 years the private respondent raised this objection who is litigating against the petitioner in number of cases out of which six cases are pending.
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 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 :- 16.8.2018 Gaurav
1 issue framed by the court
Whether the FIR dated 14.6.2018 under various sections of the IPC should be quashed or stay granted pending investigation.
Dinanath Chaubey @ Dubey
State Of U.P.
Ramesh Sinha
Dinesh Kumar Singh
As recorded by the court registry
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