Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4530 of 2018 Petitioner :- Bal Kishan Chaudhery Respondent :- State Of U.P. Through Secretary Of Home U.P. At Lucknow And 2 Others Counsel for Petitioner :- Pankaj Dwivedi Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the petitioner and learned AGA for the State- respondents.
This petition for writ is before us to have a direction to quash the FIR bearing Case Crime No.114 of 2018, pending investigation at Police Station Sikandra, District Agra for the offences punishable under Sections 420 IPC and 15 (3) Indian Medical Council Act 1956.
Learned counsel for the petitioner submits that no case is made out against the petitioner for the offences referred in the FIR.
We have looked into the FIR that is challenged in this petition for writ. A bare perusal of the contents of the FIR discloses the commission of serious offences which are cognizable. Looking to definite accusation we are at all not inclined to interfere with the same while invoking powers under Article 226 of the Constitution of India.
However, looking to the merits of the case and the surrounding circumstances, we deem it appropriate to direct the Station House Officer, respondent no.2 not to arrest the petitioner Bal Kishan Chaudhery in relation to FIR, referred to above, till submission of the police report under the provisions of Section 173 (2) of the Code of Criminal Procedure. The petitioner shall cooperate the investigating agency during the course of investigation.
Petition stands disposed of as above.
Order Date :- 23.2.2018 pk (Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)