Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7678 of 2018 Petitioner :- Makhkhan Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Srivastava Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Ashutosh Srivastava, learned counsel for the petitioner, Ms. Maimoona Fatima, Advocate holding brief of Sri Mr. Mahboob Ahmad, learned counsel for the respondent no. 3 and 4, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 07.03.2018 bearing Case Crime No. 74 of 2018 pending investigation at Police Station - Cantt. District - Allahabad pertaining to offence 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 first information report.
Having considered the facts stated in the first information report, we do not find any just reason to quash the first information report as that discloses commission of an offence cognizable.
However, looking to the nature of the case and other surrounding circumstances, we deem it appropriate to direct the respondent no. 2- Station House Officer not to arrest the petitioner- Makhkhan Lal in relation to first information report referred to above till submission of the police report under Section 173 (2) of the Code of Criminal Procedure. Petitioner shall cooperate in the investigation.
The writ petition stands disposed of accordingly.
Order Date :- 29.3.2018 Rameez .
(Ashok Kumar,J.) (Govind Mathur,J.)