Court dismissed quashing plea for FIR under U.P. Gangster Act as cognizable offence was disclosed but restricted police arrest until police report submission under CrPC 173(2).
Direction to Station House Officer not to arrest petitioner until police report submitted under Section 173(2) CrPC.
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Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 15250 of 2018
Petitioner :- Arman Mehandi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Ajit Kumar,J.
Heard Sri Surendra Prasad Mishra, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
The petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated5.5.2018 bearing Case Crime No.226 of 2018 under Section 3(1) of U.P. Gangster and Antisocial Activities (Prevention) Act, 1986 at Police Station Amroha Nagar, District Jyotiba Phule Nagar.
Learned counsel for the petitioner submits that no case is made out against the petitioner for the offences referred in the first information report.
Having considered the facts stated in the first information report, we do not find any just reason to quash the first information report as that discloses commission of an offence cognizable.
However, looking to the nature of the case and other surrounding circumstances, we deem it appropriate to direct the respondent no.2 Station House Officer not to arrest the petitioner Armand Mehndi in relation to first information report referred to above till submission of the police report under Section 173(2) of the Code of Criminal Procedure. Petitioner shall cooperate in the investigation.
The writ petition is disposed of accordingly.
Order Date :- 14.6.2018 Deepika
2 issues framed by the court
Whether writ petition to quash F.I.R. under U.P. Gangster Act is maintainable given cognizable offence disclosure.
Whether directed release of petitioner from arrest before police report submission is appropriate.
2 provisions across 2 enactments
Arman Mehandi
State Of U.P.
Others
Sunita Agarwal
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
