Subhash Chandra Sharma vs State Of U.P. & Others
2011 Latest Caselaw 2244 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 10576 of 2011
 

 
Petitioner :- Subhash Chandra Sharma
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- A.K.S. Bais
 
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.390 of 2011, under Sections 420 and 406 I.P.C. Police Station-Civil Lines, District-Moradabad,

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 Subhash Chandra Sharma 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