Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7158 of 2018 Petitioner :- Alok Kumar Sharma And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Sudhanshu Pandey Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Neeraj Tiwari,J.
Heard Sri Sudhanshu Pandey, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 13.02.2018 bearing Case Crime No. 99 of 2018 pending investigation at Police Station - Banna Devi, District - Aligarh pertaining to offence punishable under Sections 420, 467, 468, 471, 506 IPC.
Learned counsel for the petitioners submits that no case is made out against the petitioners for the offences referred in the first information report.
Having considered the facts stated in the first information report, we do not find any just reason to quash the first information report as that discloses commission of an offence cognizable.
However, looking to the nature of the case and other surrounding circumstances, we deem it appropriate to direct the respondent no. 2- Station House Officer not to arrest the petitioners- Alok Kumar Sharma, Kapil Kumar Govil in relation to first information report referred to above till submission of the police report under Section 173 (2) of the Code of Criminal Procedure. Petitioners shall cooperate in the investigation.
The writ petition stands disposed of accordingly.
Order Date :- 23.3.2018 Rameez .
(Neeraj Tiwari,J.) (Govind Mathur,J.)