Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2193 of 2019 Petitioner :- Kallu Alias Kamlesh Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; the 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 18.01.2019 registered as Case Crime No. 0017 of 2019 at P.S. Chirgaon, District Jhansi, under Sections 506, 504, 323 & 387 I.P.C.
The allegation in the first information report is that the petitioner demanded gunda tax from the informant and assaulted the informant.
The contention of the learned counsel for the petitioner is that the petitioner has been falsely implicated as the informant had borrowed Rs. 20,000/- from the petitioner and otherwise also there is no injury report in support of the prosecution case. It has been submitted that the petitioner is a person with clean antecedents and has no criminal history.
As the first information report discloses commission of cognizable offence, the matter would have to be investigated. Hence, the prayer of the petitioner to quash the first information report cannot be accepted.
However, looking to the facts of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's co- operation in the investigation, the petitioner shall not be arrested in the aforesaid case, till submission of police report under Section 173 (2) Cr.P.C.
Order Date :- 31.1.2019 Sunil Kr Tiwari