Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4549 of 2018 Petitioner :- Dheeraj Gupta And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Dutt Awasthi Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard Sri Krishna Dutt Awasthi, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 10.11.2017 bearing Case Crime No. 1072 of 2017 pending investigation at Police Station - Auraiya, District - Auraiya pertaining to offence punishable under Sections 420, 323, 504, 506, 354 (B) IPC.
Learned counsel for the petitioners submits that no case is made out against the petitioners 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 petitioners- Dheeraj Gupta, Pankaj 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. Petitioners shall cooperate in the investigation.
The writ petition stands disposed of accordingly.
Order Date :- 23.2.2018 Rameez .
(Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)