Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25539 of 2019 Petitioner :- Updesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 04.06.2019 registered as Case Crime No.69 of 2019, under Sections 419, 420, 409 IPC, P.S. Sakrar, District Jhansi.
The contention of the learned counsel for the petitioner is that the petitioner though has been named in the first information report but it has not been disclosed as to how the petitioner is responsible for benefiting the persons, who are allegedly not eligible for the benefit of the scheme. It has been submitted that co-accused Ravi Shankar Pandey and Akhilesh Kumar have been granted protection from arrest pending investigation.
Be that as it may, as the allegations disclose commission of cognizable offence, the matter would have to be investigated to determine the complicity of the persons involved on the basis of the material collected during the course of investigation and, therefore, the prayer of the petitioner to quash the first information report cannot be accepted.
However, considering the facts of the case, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but the petitioner shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., provided he co-operates in the investigation and submits himself for interrogation as well as for providing specimen signature/thumb impression as and when required by the investigating officer.
Order Date :- 19.12.2019 AKShukla/-