Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4466 of 2018 Petitioner :- Ram Avtar Respondent :- State Of U.P. Through Secretary Home Dept. Govt. Of U.P Lucknow And 2 Others Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard Sri Ashok Kumar Pandey, learned counsel for the petitioner, learned A.G.A for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 37 of 2018 pending investigation at Police Station Modinagar District Ghaziabad pertaining to offence punishable under Sections 63, 65 of Copyright Act.
Learned counsel for the petitioner submits that no case is made out against the petitioner with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct respondent No.2-Station House Officer, Police Station Modinagar District Ghaziabad not to arrest the petitioner-Ram Avtar in relation to the first information report referred above till filing of police report as per sub-Section (2) of Section 173 of Cr.P.C. The petitioner shall cooperate the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 22.2.2018 Sumit S .
(Hon'ble Rajiv Lochan Mehrotra,J.) (Hon'ble Govind Mathur,J.)