Petitioner sought quashing of an FIR regarding misuse of password to create fake documents. Court found investigation necessary and declined to exercise quashing jurisdiction but restored bail scope.
Writ petition dismissed; liberty granted to move for bail or anticipatory bail before the court below.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 2301 of 2020
Petitioner :- Avinash Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shivendra Raj Singhal Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Shri Shivendra Raj Singhal, learned counsel for the petitioner and learned AGA for the State.
The petitioner has preferred this petition for the quashing of the First Information Report dated 22.01.2020 registered as Case Crime No. 0065 of 2020, under sections 420, 467, 468, 471 I.P.C., Police Station Civil Lines, District Etawah.
The F.I.R. has been lodged by Assistant Regional Transport Officer. It has been alleged in the F.I.R. that the petitioner who is an employee of the said office has misused the password so as to create fake documents causing loss to the department. The allegation made in the F.I.R. constitute a cognizable offence which requires investigation.
In view of the above, we do not deem it necessary to exercise our jurisdiction in the petition. However, we dispose of the writ petition with the liberty to the petitioner to take recourse to other remedies available in law without prejudice to the rights of the petitioner to apply for bail /or anticipatory bail. In case any bail application or anticipatory bail is moved before the court below, it shall be considered most expeditiously.
Order Date :- 10.2.2020 Bhanu
1 issue framed by the court
Whether the High Court should exercise jurisdiction to quash the First Information Report in the facts of the case.
1 provisions across 1 enactments
Avinash Singh
State Of U.P.
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
