Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34203 of 2018 Petitioner :- Bhoora @ Brijesh Respondent :- State Of U.P. And 2 Others Counsel for Petiti-+oner :- Syed Imran Ibrahim,Irshad Husain Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 26.7.2018 registered as Case Crime No.327 of 2018 u/s 420, 406, 272 IPC, P.S.- Lodha, District- Aligarh.
It is submitted by learned counsel for the petitioner that the impugned F.I.R. in this case was initially lodged u/s 406 IPC which was challenged by him before this Court in Criminal Misc. Writ Petition No.24483 of 2018 which was finally disposed of by an order dated 5.9.2018, copy whereof has been filed as Annexure-1 to the writ petition, by which arrest of the petitioner was stayed till submission of police report u/s 173(2) Cr.P.C.. Thereafter Section 420 IPC was added and petitioner filed Criminal Misc. Writ Petition No.29536 of 2018 which was finally disposed of by order dated 12.10.2018, copy whereof has been filed as Annexure-2 to the writ petition directing that the police personnel shall deal with the matter in compliance of the provisions as contained in Section 41(1)(b) read with Section 41-A Cr.P.C.. He lastly submitted that with malafide intention of depriving the petitioner of the benefit of two orders passed by this Court in the aforesaid writ petitions, the Investigating Officer added Section 272 IPC in the F.I.R. although the allegations made in the impugned F.I.R. lack the ingredients of the offence u/s 272 IPC.
Per contra, learned A.G.A. submitted that since the arrest of the petitioner has been stayed during investigation in Case Crime No. 327 of 2018, no fresh order is required to be passed merely on the ground of addition of Section 272 IPC.
After hearing learned counsel for the petitioner and perused the material placed on record, we find that since arrest of the petitioner during the investigation in Case Crime No. 327 of 2018, has been stayed by this Court vide order dated 5.9.2018, passed in Criminal Misc. Writ Petition No.24483 of 2018, no further order staying the arrest of the petitioner in Case Crime No.327 of 2018 u/s 272 IPC is required to be passed.
Subject to the aforesaid directions, this writ petition is disposed of.
Order Date :- 28.11.2018 Shalini