Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25675 of 2019 Petitioner :- Kailash And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ved Prakash Pandey,Vinay Krishna Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,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 09.12.2019 registered as Case Crime No.572 of 2019, under Section 409 IPC, P.S. Khutar, District Shahjahanpur.
The contention of the learned counsel for the petitioners is that although the allegations made in the impugned first information report may disclose commission of cognizable offence but the petitioners are all villagers and they are not the persons to whom any government fund was entrusted and, therefore, an offence of criminal breach of trust would not be made out as against the petitioners.
Be that as it may, as allegations made in the impugned first information report disclose commission of cognizable offence, the matter would have to be investigated and, therefore, the prayer to quash the first information report cannot be accepted.
However, considering the facts of the case, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., provided they co-operate in the investigation.
Order Date :- 20.12.2019 AKShukla/-