Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7763 of 2018 Petitioner :- Mohit Arora Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akshay Mohiley,Rohan Gupta Counsel for Respondent :- G.A.,Abhishek Gupta
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, Sri Abhishek Gupta, learned counsel for the respondent no. 3, 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 24.01.2018 bearing Case Crime No. 0055 of 2018 pending investigation at Police Station - Noida Sector- 58, District - Gautambudh Nagar pertaining to offence punishable under Sections 420, 467, 468, 506 IPC.
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- Mohit Arora 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 :- 30.3.2018 Rameez .
(Ashok Kumar,J.) (Govind Mathur,J.)