Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7797 of 2018 Petitioner :- Hari Shanker Saini Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Sunil Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, learned AGA for the State and Sri Pranjal Mehrotra, learned counsel for the respondent no. 3.
This petition for writ is before us with a prayer to quash the first information report dated 28.01.2018 bearing Case Crime No. 0098 of 2018 pending investigation at Police Station Civil Lines, District Rampur pertaining to the offences under Section 138 of Electricity Act.
Learned counsel for the petitioner submits that no case is made out against the petitioner 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 Civil Lines, District Rampur not to arrest the petitioner- Hari Shanker Saini 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 petitioner shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 30.3.2018 SK Srivastava .
(Ashok Kumar,J.) (Govind Mathur,J.)