Petitioner sought quashing of FIR under Sections 341, 506, 496 IPC alleging false implication. Court refused quashing as prima facie case existed but directed no arrest pending police report under Section 173(2) Cr.P.C. subject to cooperation.
Quashing of FIR refused; arrest prevented pending police report under Section 173(2) Cr.P.C.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 250 of 2020
Petitioner :- Suraj Kumar Dubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Chandra Tripathi Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Ashish Pandey, Advocate holding brief of Sri Ram Chandra Tripathi, learned counsel for the petitioner and Sri S.R. Pandey, the learned A.G.A.
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 25.12.2019 registered as Case Crime No. 462 of 2019, under Sections 341, 506, 496 I.P.C., P.S.,Kotwali , District Prayagraj.
Learned counsel for the petitioner submits that FIR has been lodged on false / vexatious / mischievous allegations, accused has been falsely implicated, no offences are made out, FIR be quashed.
It is submitted by the learned counsel for the petitioner that on the allegations made in the FIR no offence under Section 496 is made out as there is no allegation that the petitioner contracted second marriage.
Per contra, the learned A.G.A 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 petitioner. Therefore, the prayer for quashing the FIR is refused.
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.
With this direction, this petition is finally disposed of .
Order Date :- 10.1.2020 AS Rathor
Suraj Kumar Dubey
State Of U.P.
2 Others
Pankaj Naqvi
Samit Gopal
As recorded by the court registry
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