Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1895 of 2019 Petitioner :- Hoshiyar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Garun Pal Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Garun Pal Singh, learned counsel for the petitioner and Sri A.N. Mulla, the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 16.10.2018 as Case Crime No.898 of 2018, under sections 452, 420, 406, 323 & 506 IPC P.S. Naujheel District Mathura.
It is submitted by the learned counsel for the petitioner that the FIR was lodged after three years of the incident, the informant himself is a defaulter for extending illegal gratification to the petitioner for unlawful payments, FIR is liable to be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 29.1.2019 Harshita