Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7251 of 2018 Petitioner :- Shailesh Kumar Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Prakash Dwivedi Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned First Information Report dated 15.07.2017 registered as case crime No. 267 of 2017, under Section 265,266,420,468,471 IPC, Police Station Bah, District Agra.
It is contended that the impugned FIR has been lodged on the basis of presumption that two pulsar units were found tampered. It is further contended that the units were sealed and sent for verification and without there being any report from the expert laboratory or any other evidence showing involvement of the petitioner in the offence, the police is unnecessarily trying to arrest the petitioner.
Learned A.G.A. opposed the petition.
We have gone through the allegations contained in the impugned F.I.R., which discloses commission of cognizable offence, as such, we are not inclined to interfere in the F.I.R.
In view of facts and circumstances and the nature of allegations, writ petition stands finally disposed of with the direction that the petitioner shall not be arrested in case crime No. 267 of 2017, under Section 265,266,420,468,471 IPC, Police Station Bah, District Agra. till submission of police report under Section 173 (2) Cr.P.C. before the court concerned, subject to his cooperation in the investigation, which will go-on and shall be brought to a logical end.
Order Date :- 23.3.2018 R