Kailash Nath Jaiswal Vs State of U.P. and 2 Others

Court No. - 29

Case :- CRIMINAL MISC. WRIT PETITION No. - 7648 of 2018

Petitioner :- Kailash Nath Jaiswal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Saket Jaiswal Counsel for Respondent :- G.A.

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

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Heard learned counsel for the petitioner, learned AGA for the Staterespondents and Ms. Maimoona Fatma, Advocate holding brief of Sri Mahboob Ahmad, learned counsel appearing on behalf of the respondentElectricity Department.

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This petition for writ is before us to have a direction to quash the FIR dated 10.3.2018 bearing Case Crime No.0089 of 2018, pending investigation at Police Station Cantt., District Allahabad for the offences punishable under Section 135 Electricity Act, 2003

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Learned counsel for the petitioner submits that no case is made out against the petitioner for the offences referred in the FIR.

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We have looked into the FIR that is challenged in this petition for writ. A bare perusal of the contents of the FIR discloses the commission of serious offences which are cognizable. Looking to definite accusation we are at all not inclined to interfere with the same while invoking powers under Article 226 of the Constitution of India.

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However, looking to the merits of the case and the surrounding circumstances, we deem it appropriate to direct the Station House Officer, respondent no.2 not to arrest the petitioner Kailash Nath Jaiswal in relation to FIR, referred to above, till submission of the police report under the provisions of Section 173 (2) of the Code of Criminal Procedure. The petitioner shall cooperate the investigating agency during the course of investigation.

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Petition stands disposed of as above.

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Order Date :- 29.3.2018

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pk

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(Ashok Kumar,J.) (Govind Mathur,J.)

Kailash Nath Jaiswal v. State of U.P. and 2 Others

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Kailash Nath Jaiswal v. State of U.P. and 2 Others

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