Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11119 of 2019 Petitioner :- Chheeto Alias Uma Kant Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gauri Shanker Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 24.03.2010 registered as Case Crime No. 0126 of 2019, under Sections 354kha/323/504 I.P.C. and section 3(2)(Va) of SC/ST Act, P.S. Iglas, District Aligarh.
The contention of the learned counsel for the petitioner is that the impugned first information report levelled false allegations only because there had been some dispute between the informant and the petitioner in respect of tea/snacks bill of the petitioner's shop. It has been submitted that the FIR has been lodged with a delay of about 45 days and it has no support from any injury report.
Be that as it may, since correctness of the allegations is not ordinarily to be tested in writ jurisdiction, on the grounds taken, the prayer of the petitioner to quash the first information report cannot be accepted.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's co-operation in the investigation, he shall not be arrested in the aforesaid case, till submission of police report under Section 173 (2) Cr.P.C.
Order Date :- 26.4.2019 Sunil Kr Tiwari