Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34298 of 2018 Petitioner :- Ashok Kumar Gond Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pawan Kumar Rao,Sri O.P. Singh (Sr. Adv.) Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard Sri O.P. Singh, Sr. Advocate assisted by Sri P.K. Rao, learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 25.10.2018 registered as Case Crime No. 935 of 2018, under Sections 419, 420, 409, 467, 468, 471, 120B I.P.C., P.S. Kotwali, District Deoria.
Learned counsel for the petitioner submitted that the allegations made in the impugned F.I.R. which has been lodged by the respondent no. 3 is that in the certificate issued by him the petitioner had mentioned the name of Ram Pravesh son of Shree Kant as the proprietor of the firm and the same does not appear any signature. Moreover apart from the bald allegations made in the impugned F.I.R. no credible evidence whatsoever is coming forth even prima facie indicating at the petitioner's complicity in the commission of the alleged crime and for the aforesaid reason the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 28.11.2018 SA