Ram Pravesh Yadav and 2 Others Vs the State of U.P. and 3 Others

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 1058 of 2018

Petitioner :- Ram Pravesh Yadav And 2 Others Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Janardhan Yadav Counsel for Respondent :- G.A.

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Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.

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Heard learned counsel for the petitioners and learned A.G.A. for the State.

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This petition for writ is before us with a prayer to quash the First Information Report dated 13.8.2017 bearing Case Crime No.0268 of 2017 pending investigation at Police Station Haldharpur, District Mau pertaining to the offences under Sections 147, 323, 504, 506 I.P.C. and 3(1)(D) S.C./S.T. Act, 1889.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioners for the offences referred in the present F.I.R.

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We have looked into the contents of the First Information Report. The averments contained therein disclose commission of offence cognizable and therefore, at this stage, we are not inclined to quash the First Information Report.

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However, looking to all the facts of the case and other surrounding circumstances, we deem it appropriate to direct the Station House Officer, P.S. Haldharpur, District Mau not to arrest the petitioners in Case Crime No.0268 of 2017 pending investigation at Police Station Haldharpur, District Mau pertaining to the offences under Sections 147, 323, 504, 506 I.P.C. and 3(1)(D) S.C./S.T. Act, 1889 till filing of the police report as per provisions of Section 173(2) Cr.P.C. before the Court competent. The petitioners shall cooperate with the investigating agency during course of investigation.

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The writ petition, with the observation above, stands disposed of.

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Order Date :- 23.1.2018 S.S.

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(Ashok Kumar, J.) (Govind Mathur, J.)

Ram Pravesh Yadav and 2 Others v. the State of U.P. and 3 Others

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Ram Pravesh Yadav and 2 Others v. the State of U.P. and 3 Others

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