Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15656 of 2019 Petitioner :- Rakesh Varma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Uma Nath Pandey,Dileep Kumar(Senior Adv.) Counsel for Respondent :- G.A.,Anjul Dwivedi,Sai Girdhar
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioners, learned counsel for the respondents and learned AGA for the State.
This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 455 of 2017, under Sections 192, 196, 197, 209, 403, 420, 406, 467, 471, 34, 120-B I.P.C., Police Station- Knowledge Park, District Gautam Budh Nagar.
The writ petition has been filed for issuing following direction:
(i) issue a writ, order or direction in the nature of certiorari to quash the impugned first information report dated 15.12.2017 registered as Case Crime No. 455 of 2017, Under Section 192, 196, 197, 209, 403, 420, 406, 467, 468, 471, 34, 120-B IPC, at P.S. Knowledge Park, District Gautam Budh Nagar.
(ii) issue a writ, order or direction in the nature of certiorari to quash the impugned notice dated 27.03.20219 issued by the respondent no. 4 under Section 91 of the Criminal Procedure Code in pursuance of the order of further investigation and Section 173(8) of the Criminal Procedure Code.
It has further contended on behalf of the petitioner that the F.I.R. registered vide crime no. 455 of 2017 has already been transferred to Delhi as such the respondent no. 4 has no jurisdiction to issue any notice under Section 91 of the Cr.P.C. (annexure 2 to the petition). It is argued that the notice is without jurisdiction and thus, liable to be quashed.
In view of the argument made at the Bar that the F.I.R. has already been transferred to Delhi, we direct that no coercive action shall be initiated against the petitioner by the respondents, till any order passed by the court of competent jurisdiction or in the event the matter is transferred back to the State of U.P.
The writ petition is disposed of in terms of the above preferred direction.
Order Date :- 31.5.2019 Ujjawal