Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 7952 of 2018 Petitioner :- Rajiv Kumar Gupta And 3 Ors.
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Deepak Kumar Jaiswal Counsel for Respondent :- G.A.,Hari Pratap Gupta
Hon'ble Shashi Kant Gupta,J. Hon'ble Ajit Kumar,J.
This petition for writ is before us with a prayer to quash the first information report in Case Crime No. 104 of 2018 pending investigation at Police Station Tarya Sujan, District Kushinagar pertaining to the offences under Sections 419, 420, 467, 468, 471 & 506 of Indian Penal Code.
Heard learned counsel for the petitioners, Sri Vijay Kumar, learned counsel for the Respondent No. 4, learned AGA for the State and perused the record.
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 and the impugned FIR has been lodged with malafide intention for the purpose of harassment.
The submissions made by the learned counsel for the petitioners involve several intricate factual details and many disputed questions of fact related to the case. False implication due to malafide intention has also been pleaded.
From perusal of the impugned FIR, it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the FIR. Therefore, the prayer for quashing the impugned FIR is refused but certainly requires investigation.
In view of the above, we do not find any just reason to quash the impugned first information report. However, considering the facts and circumstances of the case and the surrounding circumstances, we deem it appropriate to direct the concerned Station House Officer/police officer not to arrest the petitioners in relation to the first information report referred to above till the filing of the police report as per Sub-section (2) of Section 173 of Cr.P.C. The petitioners shall cooperate with the investigating agency during the course of the investigation.
The concerned Investigating Officer is directed to conclude the investigation as early as possible.
The writ petition stands disposed of accordingly.
Order Date :- 30.3.2018 vinay