Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2002 of 2019 Petitioner :- Govind Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Narayan Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 22.11.2018 registered as Case Crime No.249 of 2018 under section 3/7 Essential Commodities Act, 1955, P.S. Chaubepur District Kanpur Nagar.
It is submitted that petitioner is the driver of the offending vehicle, petitioner is innocent and has been falsely implicated in the present case. The allegations levelled against him are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, hence, the same be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
t is clarified that co-accused Aditya Kumar Bajpai and Dharmendra Kumar would not be entitled to claim parity with this order.
Order Date :- 29.1.2019 RS