Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 13869 of 2019 Petitioner :- Gyanesh Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tanisha Jahangir Monir Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners; 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 23.10.2018 registered as Case Crime No.705 of 2018, under Sections 323, 504, 506, 354 IPC, P.S. Hari Parwat, District Agra.
The contention of the learned counsel for the petitioners is that although the allegations made in the first information report disclose commission of cognizable offence but the allegations are absolutely false and the first information report has been lodged with delay of about three months, as a counterblast to a non cognizable report from the side of the petitioner no.1, which was later registered as Case Crime No.150 of 2018 at the Police Station Hari Parwat, District Agra.
Be that as it may, as correctness of the allegations are not, ordinarily, to be tested in the writ petition, on the grounds taken, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but, subject to petitioners' cooperation in the investigation, they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 29.5.2019 AKShukla/-