Kaushlendra Pandey Vs State of U.P. and 3 Others

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 92 of 2018

Petitioner :- Kaushlendra Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- G.A.

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

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We have heard learned counsel for the petitioner and learned A.G.A.

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This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned First Information Report registered as Case Crime No. 706 of 2017, under Sections 419, 420, 468 and 471 IPC, Police Station Robertsganj, District Sonbhadra so far as it relates to the petitioner and also for direction to the opposite parties not to arrest him in pursuance of the impugned F.I.R.

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It is contended that an inquiry was instituted on 06.12.2017 into the allegations, on which the impugned FIR has been lodged, which is still pending and without any credible evidence coming forward, the police is unnecessarily trying to arrest the petitioner.

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Learned AGA opposed the petition.

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We have gone through the allegations contained in the impugned F.I.R., which, prima facie, discloses commission of cognizable offence, as such, we are not inclined to interfere in the F.I.R.

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However, in view of the facts and the allegations made in the FIR, writ petition stands finally disposed of with the direction that the petitioner shall not be arrested in the aforesaid case crime number till submission of police report under Section 173(2) Cr.P.C. before the court concerned, subject to his cooperation in the investigation, which will go on and shall be brought to a logical end.

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Order Date :- 5.1.2018 SK Srivastava

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

Kaushlendra Pandey v. State of U.P. and 3 Others

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Kaushlendra Pandey v. State of U.P. and 3 Others

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