Mahesh Chand Vs State of U.P. and 2 Others

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Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 22922 of 2018 Petitioner :- Mahesh Chand Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajendra Kumar Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri Ajendra Kumar, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

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This petition has been filed by the petitioner with a prayer to quash the FIR dated 29.10.2017, registered as case crime No.372 of 2017, under Sections 420, 467, 468, 471, 120B I.P.C., Police Station Akrabad, District Aligarh.

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Learned counsel for the petitioner submits that the petitioner is registered owner of the truck in question which was being driven by the driver and the petitioner was stated to be only standing at the place of petrol pump, on account of which he has been falsely implicated in the present case. He further submitted that the vehicle in question has already been released in favour of the petitioner. 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.

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Learned A.G.A.opposed the prayer for quashing of the FIR.

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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.

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With the above direction, this petition is finally disposed of.

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

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Order Date :- 23.8.2018/NS

Mahesh Chand v. State of U.P. and 2 Others

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Mahesh Chand v. State of U.P. and 2 Others

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