Rajesh Kumar v. State of U.P.

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 1355 of 2018

Petitioner :- Rajesh Kumar Respondent :- State Of U.P. Counsel for Petitioner :- Mr Ganesh Prasad Counsel for Respondent :- G.A.

Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.

Heard learned counsel for the petitioner and learned AGA for the State.

This petition for writ is before us with a prayer to quash the first information report dated 09.01.2018 bearing Case Crime No. 0019 of 2018 pending investigation at Police Station Karvi Kotwali Nagar, District Chitrakoot pertaining to the offences under Sections 419, 420, 406 and 504 of Indian Penal Code.

Learned counsel for the petitioner submits that no case is made out against the petitioner with regard to allegations contained in the first information report.

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 the respondent Station House Officer, Police Station Karvi Kotwali Nagar, District Chitrakoot not to arrest the petitioner 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 with the investigating agency during course of investigation.