Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7765 of 2018 Petitioner :- Gurvinder Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pranjal Mehrotra Counsel for Respondent :- G.A.,Sushil Kumar Pandey
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners, learned AGA for the State and Sri Sushil Kumar Pandey, learned counsel for the respondent no. 3.
This petition for writ is before us with a prayer to quash the first information report dated 21.01.2018 bearing Case Crime No. 0049 of 2018 pending investigation at Police Station Deoband, District Saharanpur pertaining to the offences under Sections 392, 420, 406 and 506 of Indian Penal Code.
Learned counsel for the petitioners submits that no case is made out against the petitioners with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct the respondent Station House Officer, Police Station Deoband, District Saharanpur not to arrest the petitioners namely Gurvinder Singh and Diwakar Bagdi in relation to the first information report referred above till filing of police report as per Sub-section (2) of Section 173 of Cr.P.C. The petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 29.3.2018 SK Srivastava .
(Ashok Kumar,J.) (Govind Mathur,J.)