Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7693 of 2018 Petitioner :- Narendra Sharma Alias Gulkhandi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Sharma,Kapil Kumar 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 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 27.9.2017 bearing Case Crime No.670 of 2017 pending investigation at Police Station Rasulpur, District Firozabad pertaining to offence punishable under Section 304 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 averments contained in the first information report, we do not find any justifiable reason to interfere with the same. The contents of the first information report discloses the allegations pertaining to commission of serious offence cognizable and that in no manner warrants interference under Article 226 of the Constitution of India. Further no case for staying the arrest of the petitioner too is made out.
The writ petition is dismissed.
The learned counsel for the petitioner submits that on 6th February, 2018 the petitioner made an application before the Chief Judicial Magistrate, Firozabad to surrender himself before the court but due to some confusion in the name of the petitioner, order could not be passed and a report was called from Police Station Rasulpur.
Having considered all the facts of the case, we deem it appropriate to direct the court concerned to accept surrender of the petitioner and then call for all relevant record to establish his identification and proceed further inaccordance with law.
Order Date :- 29.3.2018 Bhaskar (Ashok Kumar, J.) (Govind Mathur, J.)