Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15856 of 2019 Petitioner :- Mahesh Harijan @ Mahesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Preeti Dwivedi Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
This criminal misc. writ petition has been filed with the prayer to quash the impugned F.I.R. dated 19.11.2018 registered as Case Crime No. 0339 of 2018, under Section 174A I.P.C. P.S.- Lalganj, District- Mirzapur.
Heard learned counsel for the petitioner.
Submission of learned counsel for the petitioner is that the principal case out of which the present proceedings emanated, has agitated at the level of High Court and in that regard Criminal Misc. Writ Petition No. 32715 of 2018 was filed by the petitioner and the same was disposed of by the order dated 15.11.2018 whereby stay on the arrest of the petitioner was granted till submission of police report under Section 173(2) of Cr.P.C. Further submission is that in this view of the matter the filing of the present F.I.R. relating to earlier conduct will be causing nothing except harassment of the petitioner and it will be in the nature of premature proceedings in view of the fact that the principal matter is already under the scanner of the trial court.
Heard learned A.G.A. and perused the record.
Though this Court does not feel persuaded to quash the F.I.R. at this stage but feels good ground to direct that the petitioner shall not be arrested in above mentioned case, till the submission of the police report u/s 173(2) Cr.P.C. provided he shall co-operate with the investigation of the case.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this writ petition has been moved in this Court.
With the aforesaid observations this writ petition is finally disposed off.
Order Date :- 6.6.2019/Naresh