Petition sought quashing of FIR under Articles 147, 148, 149, 307, 336, 504, 506 IPC. Court declined to quash due to serious nature but directed non-arrest pending Section 173(2) CrPC report.
Direction to SHO not to arrest petitioners till submission of police report under Section 173(2) CrPC.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 1008 of 2018
Petitioner :- Babu Singh And 2 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the Staterespondents.
This petition for writ is before us to have a direction to quash the FIR dated 21.7.2017 bearing Case Crime No.557 of 2017, pending investigation at Police Station Alapur, District Budaun for the offences punishable under Sections 147, 148, 149, 307, 336, 504, 506 IPC.
Learned counsel for the petitioners submits that no case is made out against the petitioners for the offences referred in the FIR.
We have looked into the FIR that is challenged in this petition for writ. A bare perusal of the contents of the FIR discloses the commission of serious offences which are cognizable. Looking to definite accusation we are at all not inclined to interfere with the same while invoking powers under Article 226 of the Constitution of India.
However, looking to the merits of the case and the surrounding circumstances, we deem it appropriate to direct the Station House Officer, respondent no.2 not to arrest the petitioners in relation to FIR, referred to above, till submission of the police report under the provisions of Section 173 (2) of the Code of Criminal Procedure. The petitioners shall cooperate the investigating agency during the course of investigation.
Petition stands disposed of as above.
Order Date :- 18.1.2018 pk
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether to quash the FIR or grant directions during the investigation.
Whether to direct non-arrest of petitioners pending police report.
2 provisions across 2 enactments
Babu Singh And 2 Ors.
State Of U.P. And 2 Ors.
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
