HANUMANT KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) B. S. Chauhan, J. This writ petition has been filed for quashing the FIR dated 28-5-2003 lodged by the respondent No. 4 in Case Crime No. 3453 of 2003 under Section 395 IPC in Police Station Kotwali, Khalilabad District Sant Kabir Nagar.

(2.) LEARNED Counsel for the petitioner has submitted that the FIR has been lodged as the respondent No. 4-complainant was having grievance against the petitioner and had malicious intention, thus, the same is liable to be quashed.

(3.) IN State of U. P. v. O. P. Sharma, (1996)7 SCC 705, the Hon'ble Supreme Court has indicated that the High Court should be loath to interfere at the threshold to thwart the prosecution exercising its inherent power under Section 482 of the Code or under Article 226 or 227 of the Constitution of INdia, as the case may be, and allow the law to take its own course. Similar view had been taken in Pratibha Rani v. Suraj Kumar and another, AIR 1985 SC 628.