Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22815 of 2018 Petitioner :- Sanjay Kumar Chaudhary Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- P.K. Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri P.K. Singh, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with the prayer for quashing the impugned notice dated 3.8.2018 u/s 160 Cr.P.C. in FIR dated 20.8.2017 in case crime no.472 of 2017, u/s 120- B IPC and 3/7 E.C. Act, P.S. Dataganj, district Budaun.
Learned counsel for the petitioner submits that the petitioner is the informant of the case and he is also Supply Inspector and was posted in district Budaun. He has received a notice u/s 160 Cr.P.C. from the Investigating Officer. It is stated that the petitioner had made a raid at the house of Veerpal and due to some political interference, notice u/s 160 Cr.P.C. has been issued to the petitioner. If the petitioner appears before the Investigating Officer, then police would take coercive action and falsely implicate him.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the petitioner, the petitioner is directed to appear before the Investigating Officer for the purpose of interrogation.
It is made clear that no harassment should be caused to the petitioner unless credible evidence is found against him.
With the aforesaid directions, the present petition stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 21.8.2018 Gaurav