Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 7382 of 2018 Petitioner :- Raj Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aditya Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Chandra Dhari Singh,J.
Heard Sri Aditya Prasad Mishra, learned counsel for the petitioner and learned Additional Government Advocate for the State-respondent.
The instant writ petition has been filed with the following prayer:
"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 17.01.2018 bearing case crime no.0011 of 2018, under sections 420, 468, 471, 120-B IPC and U/s 13(1)(d) & 13(2) of Prevention of Corruption Act, 1988, P.S. Delhi Gate, District Meerut.
ii. Issue a writ order or direction in the nature of mandamus directing the Respondents not to arrest/harass to the petitioner in pursuance of the FIR dated 17.01.2018 bearing case crime no.0011 of 2018, under sections 420, 468, 471, 120- B IPC and 13(1)(d) & 13(2) of Prevention of Corruption Act, 1988, P.S. Delhi Gate, District Meerut.
iii. Issue any other suitable order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
iv. To award the cost of petition in favour of the petitioner."
Much reliance has been placed on paragraph nos. 5, 6, 7, 9 and 10 of the writ petition.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible within a period of three months from today.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 27.3.2018 Prajapati