Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7310 of 2018 Petitioner :- Rakesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition for writ is before us with a prayer to quash the First Information Report dated 29.1.2018 bearing Case Crime No. 78 of 2018 pending investigation at Police Station Karhal, District Mainpuri pertaining to the offences under Sections 379, 411, 420, 467, 468 and 471 IPC.
Learned counsel for the petitioner submits that the role of the petitioner in commission of crime is absolutely insignificant as he simply purchased the motorcycle from the main accused Lokesh, Sheelu and Avnish.
We have looked into the contents of the First Information Report. The averments contained therein disclose commission of offence cognizable and therefore, at this stage, we are not inclined to quash the First Information Report.
However, looking to all the facts of the case and other surrounding circumstances, we deem it appropriate to direct the Station House Officer, P.S. Karhal, District Mainpuri not to arrest the petitioner Rakesh Kumar in the case referred above, till filing of the police report as per provisions of Section 173(2) Cr.P.C. before the Court competent. The petitioner shall cooperate with the investigating agency during course of investigation.
The writ petition, with the observation above, stands disposed of.
Order Date :- 27.3.2018 S.S.
.
(Ashok Kumar, J.) (Govind Mathur, J.)