Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25911 of 2019 Petitioner :- Antram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kameshwar Rao Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 13.10.2019 registered as Case Crime No.0584 of 2019, under Sections 420, 467, 468, 471 and 409 I.P.C.
P.S. Civil Lines, District Aligarh.
The contention of learned counsel for the petitioner is that main accused Shree Dhar Tripathi, who had also retired from service as has the petitioner, has been granted protection by this Court pending investigation on the ground that prior to his retirement neither any departmental proceeding was initiated nor any complaint was filed, which is also the case with the petitioner. It has been submitted that the petitioner is innocent and he has been falsely implicated even though he had no active role.
Be that as it may, as the impugned first information report discloses commission of cognizable offences, the matter would have to be investigated and therefore the prayer of the petitioner to quash the first information report cannot be accepted.
However, keeping in mind that the petitioner has retired from service and that co-accused Shree Dhar Tripathi has been granted protection pending investigation by order dated 22nd October, 2019 passed in Criminal Misc. Writ Petition No.22491 of 2019, we deem it appropriate to dispose of the petition by providing that the investigation of the above case shall continue and brought to its logical conclusion but the petitioner shall not be arrested till submission of police report under Section 173 (2) CrPC, provided he co-operates in the investigation and submits himself for interrogation as also provide specimen signature/thumb impression as and when required by the Investigating Officer.
Order Date :- 19.12.2019. Rks.