Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4972 of 2018 Petitioner :- Smt. Kanak Srivastava Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Surendra Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
None present for the petitioner. Learned AGA is present.
This petition for writ is before us to quash the First Information Report dated 23.01.2018 bearing Case Crime No.0035 of 2018 pending investigation at Police Station Kotwali Bansi, District Siddharthnagar for the offence under Sections 419, 420, 468, 120B IPC.
From perusal of the averment contained in the First Information Report, it reveals that prima facie there is sufficient material to have investigation for cognizable offence and as such we are not inclined to quash the First Information Report.
However, looking to the nature of allegations and also surrounding circumstances, we deem it appropriate to direct the Station House Officer, Police Station Kotwali Bansi, District Siddharth Nagar not to arrest the petitioner Smt. Kanak Srivastava in the case referred above, till filing of the police report as per the provision of Section 173(2) of the Code of Criminal Procedure, 1973. The petitioner shall co-operate the investigating agency in relation to the investigation in process.
The writ petition stands disposed of accordingly.
Order Date :- 27.2.2018 S.S.
.
(Ashok Kumar, J.) (Vikram Nath, J.)