Criminal Miscellaneous Writ Petition seeking quashing of FIR. Court refused to quash the FIR finding it disclosed a cognizable offence but directed non-arrest until police report submission or earlier.
Prayer for quashing refused; direction issued not to arrest petitioners till police report under Section 173(2) Cr.P.C. or earlier.
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Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 15047 of 2018
Petitioner :- Salman And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Furquan Ahmad (Alvi) Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
The present petition under Article 226 of the Constitution of India has been filed with the prayer to quash the first information report dated 08.04.2018 bearing Case Crime No. 71 of 2018, under Sections 147, 148, 149, 307 IPC, 3/5/8 Cow Slaughter Act, 11 Animal Cruelty Act, 7 Criminal Law Amendment Act, P.S. Ahiraula, District Azamgarh pending investigation.
Learned counsel for the petitioners submits that no case is made out against the petitioners for committing the alleged offence. He further contended that the petitioners are innocent and have been falsely implicated in the present case.
Having considered the facts stated in the first information report, we do not find any justifiable reason to quash the first information report as it discloses commission of a cognizable offence.
Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the allegations made in the FIR, the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P. 1994 Cr.L.J. 1981 , it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of police report under section 173(2) Cr.P.C., whichever is earlier.
With the above direction this petition is finally disposed of .
Order Date :- 11.6.2018 IrfanUddin
2 issues framed by the court
Whether the First Information Report falling under Sections 147, 148, 149 IPC and related Acts deserves to be quashed.
Whether the petitioners should be arrested in the pending investigation.
Colour shows how this judgement treated each authority
Joginder Kumar Versus State of U.P.Applied¶10
Joginder Kumar Versus State of U.P. 1994 Cr.L.J. 1981
Salman and Another
State Of U.P.
Sunita Agarwal
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
