Disposed

Gaurav @ Gourav Kumar v. State of U.P. and 2 Ors.

Allahabad HC19 Jan 2018CRLP/1074/2018

Case brief

AI extract

What is this about?

The court rejected the prayer to quash an FIR but issued a specific direction to the police not to arrest the petitioner pending the filing of the police report under Section 173(2) Cr.P.C. while requiring cooperation with the investigation.

What did the court decide?

Directed SHO, P.S. Taharauli, District Jhansi not to arrest the petitioner till filing of the police report under Section 173(2) Cr.P.C. and to ensure his cooperation with the investigation.

Gaurav @ Gourav Kumar Vs State of U.P. and 2 Ors. — Quashing and FIR | Allahabad HC (2018)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1074 of 2018

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Petitioner :- Gaurav @ Gourav Kumar Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Kaushal Kishor 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 petitioner 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 18.12.2017 bearing Case Crime No. 0261 of 2017 pending investigation at Police Station Taharauli, District Jhansi pertaining to the offences under Sections 379, 411 I.P.C., 4, 21 Mines and Minerals (Development of Regulation) Act and 3 Prevention of Damage to Public Property Act.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioner 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. Taharauli, District Jhansi not to arrest the petitioner in Case Crime No. 0261 of 2017 pending investigation at Police Station Taharauli, District Jhansi pertaining to the offences under Sections 379, 411 I.P.C., 4, 21 Mines and Minerals (Development of Regulation) Act and 3 Prevention of Damage to Public Property Act till filing of the police report as per provisions of Section 173(2) Cr.P.C. before the Court competent. The petitioner 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 :- 19.1.2018 S.S.

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

Gaurav @ Gourav Kumar v. State of U.P. and 2 Ors.

Case brief

What is this about?

What did the court decide?

Gaurav @ Gourav Kumar v. State of U.P. and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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