Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7343 of 2018 Petitioner :- Vishnu Sharan Koirala @ Vishnu Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.K.Umrao Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri A.K. Umrao, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 0328 of 2018 pending investigation at Police Station Sihani Gate, District Ghaziabad pertaining to offence punishable under Sections 420, 467, 468, 469, 471, 120B, 506 I.P.C.
Learned counsel for the petitioner submits that the main accusation is against the husband of the informant, namely, Vishnu Prasad Baral son of Hari Prasad Baral. So far as present petitioner is concerned, it is stated that he is absolutely insignificant in the crime in question and he is not at all alleged for impersonation.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct respondent No. 3-Station House Officer, Police Station Sihani Gate, District Ghaziabad not to arrest the petitioner-Vishnu Sharan Koirala @ Vishnu Prasad in relation to the first information report referred above till filing of police report as per sub-Section (2) of Section 173 of Cr.P.C. The petitioner shall cooperate the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 27.3.2018/Shubham .
(Ashok Kumar,J.) (Govind Mathur,J.)