Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7429 of 2018 Petitioner :- Mukesh Tyagi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Awadhesh Kumar Mishra, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
The petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 4.3.2018 bearing Case Crime No.438 of 2018 pending investigation at Police Station Sihani Gate, District Ghaziabad pertaining to offence punishable under Sections 447, 448 IPC and Section 3 of Prevention of Damages to Public Property Act.
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.3 Station House Officer not to arrest the petitioner Mukesh Tyagi 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 is disposed of accordingly.
Order Date :- 27.3.2018 Bhaskar (Ashok Kumar, J.) (Govind Mathur, J.)