A petition to quash an FIR was not allowed as it prima facie disclosed a crime. However, the court directed the release of the petitioner on bail if arrested and mandated cooperation with investigation.
Directed respondent no. 3 to release petitioner on bail if arrested in Case Crime No. 1075 of 2017.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 28969 of 2017
Petitioner :- Abhinav Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gavendra Pal Singh Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
This petition for writ is preferred to quash the first information report dated 23rd September, 2017 bearing No. 1075 of 2017 pending investigation at Police Station Firozabad North, District Firozabad.
It is submitted by the learned counsel appearing on behalf of the petitioner that the first information report was lodged after a delay of 1 year and 13 days. It is further submitted that from perusal of the facts stated in the first information report itself it reveals that entire story has been concocted only to implead the petitioner in a criminal case. According to learned counsel in the relevant period it was not possible to have a sum of Rs. 5,00,000/- being cash under the demonetization.
Having considered all facts of the case including the averments contained in first information report, we are not inclined to quash the first information report as that prima facie discloses commission of crime. However, just to meet the end of justice, we deem it appropriate to direct the respondent no. 3 to release the petitioner on bail in the event of his arrest in Case Crime No. 1075 of 2017 pending investigation at Police Station Firozabad North, District Firozabad. The petitioner shall cooperate with the investigation agency.
With the above directions, the writ petition stands disposed of.
Order Date :- 2.1.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the FIR should be quashed given the delay in lodging and allegations of concoction.
Whether the petitioner deserves bail during the pendency of the investigation.
1 provisions across 1 enactments
Abhinav Kumar
State Of U.P.
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
