The High Court declined to quash an FIR for offences including cheating and criminal conspiracy but stayed the arrest of the petitioner, who was not named in the charge sheet, requiring cooperation with investigation.
Stay of arrest of the petitioner; direction to cooperate with investigation; writ petition disposed of.
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Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 25129 of 2018
Petitioner :- Jarald Massey Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Roshni Shukla,Rajnath N. Shukla
Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This petition for writ is preferred with a prayer to quash the FIR dated 17th December, 2017 lodged at Police Station Mutthiganj, District Allahabad bearing case crime no. 0244 of 2017 for the offences punishable under sections 147, 419, 420, 467, 468, 471, 504, 506 IPC.
A bare perusal of the averments contained in the FIR, it discloses alleged commission of cognizable offence and as such we are not inclined to quash the same. However, considering the fact that the present petitioner is not named in the FIR and further that other co-accused persons similarly situated are having an interim order in their favour to the extent of staying their arrest, we are inclined to stay the arrest of the present petitioner. Petitioner, however, shall cooperate with the investigating agency during course of investigation.
Writ petition is disposed of accordingly.
Order Date :- 13.9.2018 Prajapati
[Chandra Dhari Singh, J] [Govind Mathur, J]
1 issue framed by the court
Whether the FIR should be quashed given that the petitioner is not named in it.
Jarald Massey
State Of U.P.
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
