Shravan Kumar Sharma Vs State of U.P. and 3 Others

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 3589 of 2019

Petitioner :- Shravan Kumar Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mayank,Mritunjay Mohan Sahai Counsel for Respondent :- G.A.,Amit Daga,Santosh Kumar Pandey

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Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.

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Heard Sri M. M. Sahai, learned counsel for the petitioner, Sri Amit Daga, learned counsel for the informant and the learned A.G.A.

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This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 24.01.2019, in Case Crime No. 016 of 2019, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Baberu, DistrictBanda.

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It is submitted by learned counsel for the petitioner that the FIR is malafidely motivated as the purported action of the petitioner was in furtherance of the Government Order dated 25.11.2008 as communicated to the petitioner's college by the DIOS, Banda on 29.8.2018, no criminality is made out, FIR be quashed.

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Per contra, the learned A.G.A and Sri Amit Daga, learned counsel for the informant has opposed the submission. After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.

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However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.

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With this direction, this petition is finally disposed of.

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Order Date :- 18.2.2019/V.S.Singh

Shravan Kumar Sharma v. State of U.P. and 3 Others

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Shravan Kumar Sharma v. State of U.P. and 3 Others

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