Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7255 of 2018 Petitioner :- Suresh Chandra Garg Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajit Kumar Counsel for Respondent :- G.A.,Hemendra Pratap Singh,Munesh Kumar,Satendra Pratap Singh
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
We have heard learned counsel for the petitioner and learned A.G.A.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the F.I.R. dated 11.3.2018 registered as Case Crime No. 141 of 2018 under Sections 420, 467, 468, 471 I.P.C. P.S. Bannadevi, District Aligarh and also for a direction to the respondents not to arrest the petitioner in pursuance of the said F.I.R.
It is contended that in similar circumstances, this Court in Criminal MIsc. Writ Petition No. 6778 of 2018 vide order dated 20.3.2018 has stayed the arrest of the petitioner, the copy of which is annexed as Annexure No. 13 to this writ petition. In Criminal MIsc. Writ Petition No. 11233 of 2017 also this Court has stayed the arrest of the petitioner, the photo copy of the same has been placed before the court which is taken on record.
Learned AGA opposed the petition.
We have gone through the allegations contained in the impugned F.I.R., which, prima facie, discloses commission of cognizable offence, as such, we are not inclined to interfere in the F.I.R.
However, in view of the facts and the allegations made in the FIR, writ petition stands finally disposed of with the direction that the petitioner shall not be arrested in the aforesaid case crime number till cogent and credible evidence is collected showing the complicity of the petitioner in the instant case or till submission of police report under Section 173(2) Cr.P.C. before the court concerned, whichever is earlier, 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