Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4506 of 2018 Petitioner :- Om Prakash Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Irshad Saleem Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard Sri Irshad Saleem, learned counsel for the petitioner, learned A.G.A. for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No.154 of 2017 pending investigation at Police Station Kotwali Dehat, District Bijnor pertaining to offence punishable under Sections 420,467,468,471 I.P.C. and Section 3(1)(tha) of SC/ST Act.
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 respondent No.2-Station House Officer, Police Station Kotwali Dehat, District Bijnor not to arrest the petitioner- Om Prakash 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 the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 22.2.2018 BKM/-
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(Hon'ble Rajiv Lochan Mehrotra,J.) (Hon'ble Govind Mathur,J.)