Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34351 of 2018 Petitioner :- Rakesh Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramakant Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ramakant Singh for the petitioner and A.G.A. for State of U.P.
This writ petition has been filed for quashing the FIR dated 23.9.2018 (registered as Case Crime No. 250 of 2018), u/s 420, 467, 468, 471 IPC, P.S. Haldharpur, district Mau.
In substance, allegation in the FIR has been made that although various criminal cases were pending against the petitioner, but concealing those cases, he gave an affidavit before the Police Department that no case was pending against him and got himself appointed in the Police Department and sent for training.
It is stated that the petitioner has been terminated from service on that ground. Thus, for filing the incorrect affidavit, one punishment has already been awarded to him. So far as concealment of pendency of criminal cases is concerned, those cases were trivial in nature and were not necessary to be disclosed.
A perusal of the FIR shows that it discloses cognizable offence, as such, it is not liable to be quashed.
However, in the facts of the case, it is directed that the petitioner shall not be arrested in pursuance of FIR dated 23.9.2018 (registered as Case Crime No. 250 of 2018), u/s 420, 467, 468, 471 IPC, P.S. Haldharpur, district Mau, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
Order Date :- 29.11.2018 Jaideep/-