Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5200 of 2019 Petitioner :- Mithilesh Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Viveka Nand Rai Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 23.12.2018 registered as Case Crime No.1457 of 2018, under Sections 419, 420, 406, 504, 506 IPC, P.S. Cantt. District Varanasi.
The allegation in the first information report is to the effect that the petitioner had taken money and had not returned the same and had also insulted and threatened the informant.
The contention of the learned counsel for the petitioner is that the impugned first information report discloses only civil cause of action and false allegations have been levelled just to give it colour of a criminal case.
Be that as it may, at this stage, the allegations are to be taken on their face value and therefore the prayer of the petitioner to quash the first information report cannot be accepted.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, he shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 26.2.2019 AKShukla/-