Atul Vikram Singh And Another vs State Of U.P. And 3 Others
2018 Latest Caselaw 1224 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14213 of 2018
 
Petitioner :- Atul Vikram Singh And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Prashant Vyas
 
Counsel for Respondent :- G.A.,Anil Kumar Pathak
 

 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Bachchoo Lal,J.

Heard learned counsel for the petitioners, Sri Anil Kumar Pathak, leaned counsel for the complainant, learned AGA for the State and perused the record.

This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report dated 9.2.2018 registered in case crime no. 40 of 2018, under Section 406, 420, 506 I.P.C. Police Station Govind Nagar, District Kanpur Nagar.

Learned counsel for the petitioners submits that no case is made out against the petitioners with regard to allegations contained in the first information report. It has further been submitted that co-accused Ms. Richa Singh who was named in the first information report has been granted relief in Criminal Misc.Writ Petition No. 3634 of 2018.

A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.

In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct respondent No.3-Station House Officer, Police Station Govind Nagar, District Kanpur Nagar not to arrest the petitioners Atul Vikram Singh and Satendra Tomar in relation to the first information report referred above till filing of police report as per sub-Section (2) of Section 173 of Cr.P.C. The petitioners shall cooperate the Investigating Agency during course of investigation.

The writ petition stands disposed of accordingly.

Order Date :- 31.5.2018

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