Case :- CRIMINAL MISC. WRIT PETITION No. - 3208 of 2018 Petitioner :- Abhishek Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Kishor Gupta Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Re.: Criminal Misc. Amendment Application No. Nil of 2018 An application is preferred for amendment in the prayer clause. Heard learned counsel for the petitioner.
Having considered the averments contained in the application, the application is allowed.
The requisite amendment be made in the petition for writ.
Order Date :- 22.2.2018 Shubham .
(Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.) Case :- CRIMINAL MISC. WRIT PETITION No. - 3208 of 2018 Petitioner :- Abhishek Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Kishor Gupta Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard Sri Ram Kishor Gupta, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 43 of 2018 pending investigation at Police Station Rath, District Hamirpur pertaining to offence punishable under Sections 286, 387, 504, 506 IPC.
Learned counsel for the petitioner submits that no case is made out against the petitioner with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct respondent No. 3-Station House Officer, Police Station Rath, District Hamirpur not to arrest the petitioner- Abhishek in relation to the first information report referred above till filing of police report as per sub-Section (2) of Section 173 of Cr.P.C. The petitioner shall cooperate the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 22.2.2018/Shubham .
(Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)