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2015 DIGILAW 2329 (ALL)

Arun Kumar Mishra v. State of U. P.

2015-08-11

V.K.SHUKLA, VIJAY PRAKASH PATHAK

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JUDGMENT Heard learned counsel for the petitioner and learned AGA for the State. 2. Arun Kumar Mishra is before this Court with a request to quash the FIR dated 6.6.2015 registered as Case Crime No. 414 of 2015 under Sections 420/452/467/468/471/504/506 IPC at police station Barra, district Kanpur Nagar. 3. On the matter being taken up today, from the side of petitioner it has been sought to be contended that the transaction in question is a genuine transaction and unnecessarily motives are being imputed to the same after more than 10 years of the transaction in question. 4. We have the occasion to peruse the FIR in question and as far as FIR goes it contains categorical statement of fact that at no point of time first informant has ever appeared before the office of Sub Registrar and entire documents are forged. Once such is the factual situation that is so emerging from the reading of the FIR, then certainly FIR cannot be quashed, as has been requested on behalf of petitioner. 5. Petitioner's counsel next contended that in the present case till date there is no credible evidence that has come forward that connects the petitioner with the commission of crime in question, as such, this Court should come to his rescue. 6. Consequently, in the facts of the case, as it has been contended before us that till date there is no credible evidence that connects the petitioner with the commission of crime in question, we proceed to direct that as the process of investigation is on, the process of investigation may be brought to its logical end but as far as petitioner is concerned, pursuant to the impugned F.I.R. dated 6.6.2015 registered as Case Crime No. 414 of 2015 under Sections 420/452/467/468/471/504/506 IPC at police station Barra, district Kanpur Nagar, he may not be arrested till the collection of credible evidence as against him or submission of police report under Section 173 (2) Cr.P.C., whichever is earlier, and petitioner shall extend full cooperation in the investigation and shall not interfere with the ongoing investigation. With these observations/directions, writ petition is disposed of.