Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7643 of 2018 Petitioner :- Makhkhan Lal Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Ashutosh Srivastava Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, learned AGA for the State- respondents and Ms. Maimoona Fatma, Advocate holding brief of Sri Mahboob Ahmad, learned counsel appearing on behalf of the respondent- Electricity Department.
This petition for writ is before us to have a direction to quash the FIR bearing Case Crime No.73 of 2018, pending investigation at Police Station Cantt., District Allahabad for the offences punishable under Section 138 (1) (b) Indian Electricity Act (Amendment) 2003.
Learned counsel for the petitioner submits that no case is made out against the petitioner for the offences referred in the FIR.
We have looked into the FIR that is challenged in this petition for writ. A bare perusal of the contents of the FIR discloses the commission of serious offences which are cognizable. Looking to definite accusation we are at all not inclined to interfere with the same while invoking powers under Article 226 of the Constitution of India.
However, looking to the merits of the case and the surrounding circumstances, we deem it appropriate to direct the Station House Officer, respondent no.2 not to arrest the petitioner Makhkhan Lal in relation to FIR, referred to above, till submission of the police report under the provisions of Section 173 (2) of the Code of Criminal Procedure. The petitioner shall cooperate the investigating agency during the course of investigation.
Petition stands disposed of as above.
Order Date :- 29.3.2018 pk (Ashok Kumar,J.) (Govind Mathur,J.)