J K AGRAWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Satish Trivedi, learned senior advocate with the assistance of Sri Jagdish Singh Sengar, Sri V.P. Srivastava and Sri Sikandar B. Kochar, learned Counsel for the petitioner, Sri Ravi Kiran Jain, Sri Umesh Narain Sharma, learned senior advocates assisted by Sri Chandan Sharma, learned Counsel for the informant, Sri Mevalal Shukla, learned additional government advocate for the State and perused the record.

(2.) By means of the present writ petition the petitioner J.K. Agrawal has challenged the validity of the impugned first information report registered as Case Crime No. 37 of 2006 under Sections 302/120-B IPC at police station Ghoorpur, district Allahabad. The first information report relates to the commission of the murder of Amrendra Kumar Pandey, Chairman of Mazdoor Union, Triveni Sheet Glass Works Limited, Iradatganj, Ghoorpur, Allahabad. The petitioner is the owner / Managing Director, co-accused K.K. Gupta, Chief Security Officer and C.P. Yadav, Deputy General Manager of the said Factory. They arc figured as accused in the first information report with an allegation of hatching conspiracy in committing the said murder.

(3.) Learned Counsel for the petitioner has vehemently argued that a perusal of the impugned first information report would indicate that there is no evidence or circumstance indicating that the petitioner hatched alleged conspiracy for committing the offence. The petitioner is ready to cooperate with the investigation and his arrest in the alleged circumstances is not necessary during the course of investigation into the case. He has also relied upon the observations made by the Hon'ble Apex Court in the following cases :