The High Court declined to quash the FIR regarding offences under Sections 419, 420, 467, 468 IPC filed against the petitioner, but directed the State House Officer to release the petitioner on bail if arrested.
Directing the respondent to release the petitioner on bail if arrested and to ensure his cooperation with the investigation.
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Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 28990 of 2017 Petitioner :- Devendra Kumar Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Gaurav Tripathi,Syed Imran Ibrahim Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Gaurav Tripathi, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ is before us to have a writ to quash the First Information Report dated 10.02.2016 bearing Case Crime No. 37 of 2016 pending investigation at Police Station Gopiganj, District Bhadohi pertaining to offence punishable under Sections 419, 420, 467, 468 IPC.
From perusal of the averments contained in the documents (Annexure No. 6 to the writ petition), it reveals that Investigating Officer is desiring cooperation by the petitioner in regular investigation of the case concerned.
In entirety, we do not find any just reason to set aside/quash the First Information Report at the instance of the petitioner. However, while disposing of this petition for writ, we deem it appropriate to direct respondent no. 2, i.e., State House Officer, Police Station Gopiganj, District Bhadohi, to release the petitioner on bail in the event of his arrest, in relation to the case referred above. The petitioner shall also cooperate the Investigating Agency. If required, he may be called upon by the Investigating Officer after due notice, which shall not be of less than three days.
With the directions above, the writ petition stands disposed of.
Order Date :- 2.1.2018/Shubham
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether to quash the First Information Report dated 10.02.2016 pending investigation at Police Station Gopiganj.
Whether to direct the respondent police officer to release the petitioner on bail and cooperate with the investigation.
Devendra Kumar
State Of U.P.
Ors.
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
