Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 29490 of 2018 Petitioner :- Ravi Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Kumar,Kaustubh Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for petitioner and learned A.G.A. for the State.
This petition has been filed with the prayer to quash the impugned FIR dated 10.05.2006 in Case Crime No. 32A of 2006, Under Sections 409, 419, 420, 467, 468, 471, 201, 218 and 120B/34 IPC, P.S.-Dubhar, District-Ballia and further prayer is to direct the respondents not to arrest the petitioner in pursuance of the impugned FIR and not adopt any coercive action against the petitioner.
On the other hand, learned counsel appearing for the petitioner submits that the investigation is still going on. The impugned F.I.R. is of the year 2006 and the Police report under section 173 (2) Cr.P.C. has still not been submitted as against him. Learned counsel for the petitioner submitted that on the basis of false allegation, first information report was lodged implicating the petitioner, hence, impugned FIR is liable to be quashed.
Learned AGA has opposed the aforesaid prayer.
Considered the submissions of learned counsel for the parties.
From the perusal of the F.I.R., in view of the allegations made therein prima facie commission of offence is made out. Hence, there is no ground for interfering in the investigation or for quashing of the F.I.R.
We have been taken through the allegations contained in the F.I.R. and the material on record.
In the facts and circumstances of the case, we dispose of this petition with a direction that till submission of police report under Section 173(2) Cr.P.C., the arrest of the petitioner who is wanted in Case Crime No. 32A of 2006, Under Sections 409, 419, 420, 467, 468, 471, 201, 218 and 120B/34 IPC, P.S.-Dubhar, District-Ballia shall remain stayed subject to the condition that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.
Order Date :- 12.10.2018 HR