HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 10596 of 2011 Petitioner :- Ram Bahadur Gautam Respondent :- State Of U.P. & Others Petitioner Counsel :- Umesh Shankar Respondent Counsel :- Govt. Advocate Hon'ble Arun Tandon,J.
Hon'ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioner and learned AGA.
No notice is being issued to the respondent No.3 in view of the order which is being passed. However, liberty is reserved for respondent No.3 to apply for variation/modification of this order.
By means of this writ petition, the petitioner is seeking to quash the FIR of Case Crime No.693 of 2011, under Section 420 I.P.C. and Section 4/20 of Pra. Surakksha Adh.(Exch), Act, 2005, Police Station-Kotwali, District-Pilibhit.
A perusal of the F.I.R. discloses the commission of cognizable offence at this stage. We are not satisfied that this is a case for quashing the F.I.R. However, looking to the facts stated in the writ petition and submissions made, we provide that the petitioner, namely Ram Bahadur Gautam shall not be arrested in the aforesaid case crime till the report under Section 173(2) Cr.P. C. is submitted.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 6.6.2011 NS