Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22161 of 2019 Petitioner :- Suresh Kumar Dwivedi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adarsh Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Adarsh Kumar, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 13.7.2019, registered as Case Crime No.0172/2019, under Sections 420/467/468/471/504/506 IPC, P.S. Kotwali, Kanpur Nagar.
It is submitted by learned counsel for the petitioner that the impugned FIR is the 2nd FIR as earlier an FIR No.0901/2018, under Sections 420/467/468/471/406 IPC, P.S. Chakeri, Kanpur Nagar had already been registered against the petitioner for the same cause of action, wherein petitioner and others were granted protection by an order dated 4.10.2018 in Criminal Misc. Writ Petition No.27902/2018, no offences are made out, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 30.9.2019 Chandra