Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 3671 of 2018 Petitioner :- Ashok Kumar Gupta Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Nipun Singh,Gorakh Yadav Counsel for Respondent :- G.A.,Sunil Kumar Pandey
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard Sri Nipun Singh, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
None present for respondent no.3, though the matter is called twice.
The petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 26.8.2017 bearing Case Crime No.765 of 2017 pending investigation at Police Station Noida Sector-24, District Gautam Budh Nagar pertaining to offence punishable under Sections 420, 467, 468, 471 IPC.
Learned counsel for the petitioner submits that no case is made out against the petitioner 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 petitioner Ashok Kumar Gupta 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. Petitioner shall cooperate in the investigation.
The writ petition is disposed of accordingly.
Order Date :- 23.2.2018 Bhaskar