Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7843 of 2018 Petitioner :- Om Prakash Kukreja Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamal Singh Yadav,Naveen Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 20.05.2016 bearing Case Crime No. 449 of 2016 pending investigation at Police Station Sector 39 Noida, District Gautam Budddha Nagar pertaining to the offences under Sections 420, 406, I.P.C.
Learned counsel for the petitioner submits that no case is made out against the petitioner 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 Sector 39 Noida, District Gautam Buddha Nagar not to arrest the petitioner- Om Prakash Kukreja 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 petitioner shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 30.3.2018 Sanjeet .
(Ashok Kumar,J.) (Govind Mathur,J.)