Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30178 of 2018 Petitioner :- Anil Kumar @ Anil Nagar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Sharma Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 11.09.2018 in respect of Case Crime No. 504 of 2018 for the offence under Sections 379, 411, 420 I.P.C., P.S. Kotwali Dehat, District Etah.
According to the petitioner, he is the owner of the land in question, which was rented out by him to one Annu. Learned counsel for the petitioner submits that if any activity was done in the premises behind the back of the petitioner by some unscrupulous person, the petitioner cannot be held guilty for the same. Learned counsel submits that till the investigation is completed, the petitioner be protected.
Learned A.G.A. opposes the petition.
Considering the facts and circumstances of the case, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioner in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned. However, it is made clear that this order would remain effective till the petitioner cooperates in the investigation.
Order Date :- 26.10.2018 SA