IN THE HIGH COURT OF ALLAHABAD
RAMESH SINHA, RAJEEV SINGH, JJ.
Vikash Sharma – Appellant
Versus
State Of U.P. Thru Prin. Secretary Home & Ors. – Respondents
Misc. Bench No.1100 of 2021
Decided on : 18-01-2021
Indian Penal Code, 1860 - Sections 323, 419, 420, 504, 506, 467, 468, 471 - First Information Report and the material on record - Seeking quashing - To stay of his arrest during the pendency of the investigation of the said case –
Finding of the Court:
Learned counsel for the petitioner submits that there was some money transaction between the parties with respect to some plot, on account of which some dispute arose between them, hence, the impugned F.I.R. has been lodged by respondent against the petitioner levelling absolutely false and frivolous and baseless allegations just for the purpose of harassment and oblique motive - Learned counsel for the respondent no.4 prays for and is allowed two weeks' time to file a counter affidavit - Learned A.G.A., if so desire, may also file counter affidavit within the same period, if any, may be filed within two weeks thereafter - List immediately thereafter before the appropriate Bench –
Result:Ordered Accordingly.
JUDGMENT :
1. Heard Sri Anuj Kumar Singh, learned counsel for the petitioner, Sri Ghanshyam Verma, learned counsel for the private respondent No.4, Sri Ganesh Gupta, learned AGA for the State and perused the First Information Report and the material on record.
2. The present writ petition has been filed by the petitioner, namely, Vikash Sharma, seeking quashing of the First Information Report of Case Crime No.642 of 2020, under Sections 323, 419, 420, 504, 506, 467, 468, 471 I.P.C., Police Station Gosaiganj, District Sultanpur with a further prayer to stay of his arrest during the pendency of the investigation of the said case. Learned counsel for the petitioner submits that there was some money transaction between the parties with respect to some plot, on account of which some dispute arose between them, hence, the impugned F.I.R. has been lodged by respondent no.4 against the petitioner levelling absolutely false and frivolous and baseless allegations just for the purpose of harassment and oblique motive. Learned counsel for the respondent no.4 prays for and is allowed two weeks' time to file a counter affidavit. Learned A.G.A., if so desire, may also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List immediately thereafter before the appropriate Bench. Till the next date of listing, no coercive action shall be taken against the petitioner in the aforesaid case.
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