Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5214 of 2019 Petitioner :- Anupam Tomar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Subedar Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 12.10.2018 registered as Case Crime No. 703 of 2018 at P.S. Raya, District Mathura, under Sections 420, 467, 468, 471 I.P.C.
The allegations in the impugned first information report is in respect of securing appointment by submitting false and fabricated educational certificates. The first information report indicates that an enquiry was conducted before lodging the FIR.
Learned counsel for the petitioner states that the documents are not forged and no enquiry has been conducted.
It is well settled that once a first information report is lodged making allegations that disclose commission of cognizable offence, the police would investigate the matter and ascertain the correctness of the allegations.
Under the circumstances, even if the enquiry, as desired by the petitioner, has not been conducted earlier, it is expected that the Investigating Officer will do the needful before submitting the police report under Section 173(2) Cr.P.C.
Under the circumstances, on the above grounds, no interference is called for.
The petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 26.2.2019 Sunil Kr Tiwari