Court No. - 40 Case :- CRIMINAL MISC. WRIT PETITION No. - 33744 of 2018 Petitioner :- Raj Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 14.12.2017 bearing Case Crime No.0613 of 2017 pending investigation at Police Station Link Road, District Ghaziabad for the offence under Sections 420, 120B, 506 IPC.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioner for the offence referred in the FIR.
From perusal of the averment contained in the First Information Report, it reveals that prima face there is sufficient material to have investigation for cognizable office and as such we are not inclined to quash the First Information Report.
However, looking to the nature of allegations and also surrounding circumstances, we deem it appropriate to direct the Station House Officer, Police Station Link Road, District Ghaziabad not to arrest the petitioner, in the case referred above, till filing of the police report as per the provision of Section 173(2) of the Code of Criminal Procedure, 1973. The petitioner shall cooperate the investigating officer in relation to the investigation in process.
The writ petition stands disposed of accordingly.
Order Date :- 26.11.2018 SKD