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Shri Bhagwan Prasad v. State Of U.P. Thru. Sec. Home And Others - CRIMINAL MISC. WRIT PETITION No. 6048 of 2005  RD-AH 1529 (16 June 2005)
Hon'ble A.K. Yog J.
Hon'ble Vikram Nath J
Heard learned counsel for the petitioner and learned AGA and perused the record of writ petition including First Information Report dated 24.05.2005 registered as Case Crime No. 169 of 2005, P.S. Cantt, District Varanasi, under Section 406, 420 IPC (Annexure 1 to the writ petition). No case is made out for quashing the FIR under Article 226 of the Constitution.
Considering the facts and circumstances of the case we direct the respondents not to arrest the petitioner in case Crime No. 169 of 2005, P.S. Cantt, District Varanasi, under Section 406, 420, IPC. till filing of police report under Section 173 (2) Criminal Procedure Code, provided petitioner cooperates with the investigation.
Writ petition is finally disposed of subject to above observation and direction.
16.06.05 crl.wp. 6048/05
vk updh. (4)
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