Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 5192 of 2018 Petitioner :- Khushi Ram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siya Ram Verma Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 28.03.2017 bearing Case Crime No. 251 of 2017 pending investigation at Police Station-Kalyanpur, District-Kanpur Nagar pertaining to the offences under Sections 419, 420, 467, 468, 471, 120-B of Indian Penal Code.
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- Kalyanpur, District-Kanpur Nagar not to arrest the petitioner Khusi Ram 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 petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 28.2.2018 Ashutosh (Ashok Kumar,J.) (Vikram Nath,J.)