Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 7958 of 2018 Petitioner :- Chandra Shekhar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Shashi Kant Gupta,J. Hon'ble Ajit Kumar,J.
This petition for writ is before us with a prayer to quash the first information report in Case Crime No. 223 of 2018 pending investigation at Police Station Dibiyapur, District Auraiya pertaining to the offences under Sections 420, 406, 506, 506 of Indian Penal Code.
Heard learned counsel for the petitioner, learned AGA for the State and perused the record.
Learned counsel for the petitioner submits that no case is made out against the petitioner with regard to allegations contained in the first information report and the impugned FIR has been lodged with malafide intention for the purpose of harassment.
The submissions made by the learned counsel for the petitioner involve several intricate factual details and many disputed questions of fact related to the case. False implication due to malafide intention has also been pleaded.
From perusal of the impugned FIR, it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the FIR. Therefore, the prayer for quashing the impugned FIR is refused but certainly requires investigation.
In view of the above, we do not find any just reason to quash the impugned first information report. However, considering the facts and circumstances of the case and the surrounding circumstances, we deem it appropriate to direct the concerned Station House Officer/police officer not to arrest the petitioner in relation to the first information report referred to above till the filing of the police report as per Sub-section (2) of Section 173 of Cr.P.C. The petitioner shall cooperate with the investigating agency during the course of the investigation.
The concerned Investigating Officer is directed to conclude the investigation as early as possible.
The writ petition stands disposed of accordingly.
Order Date :- 30.3.2018 vinay