Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7793 of 2018 Petitioner :- Neeraj Gupta And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Swetashwa Agarwal Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 06.07.2017 bearing Case Crime No. 284 of 2017 pending investigation at Police Station Kishni, District Mainpuri pertaining to the offences under Sections 406, 504 and 506 of Indian Penal Code.
Learned counsel for the petitioners submits that no case is made out against the petitioners with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct the respondent Station House Officer, Police Station Kishni, District Mainpuri not to arrest the petitioners namely Neeraj Gupta and Sarthak Gupta in relation to the first information report referred above till filing of police report as per Sub-section (2) of Section 173 of Cr.P.C. The petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 30.3.2018 SK Srivastava .
(Ashok Kumar,J.) (Govind Mathur,J.)