Criminal miscellaneous writ petition seeking quashing of FIR. Court refused quashment but directed no arrest pending submission of police report under Section 173(2) Cr.P.C., citing Joginder Kumar vs State of U.P.
Petitioner directed not to be arrested till submission of police report under Section 173(2) Cr.P.C.; prayer for quashment refused.
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Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 15266 of 2018
Petitioner :- Pinkesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhupendra Pal Singh Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner, 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 23.2.2018 bearing Case Crime No. 0076 of 2018, under Sections 323, 354, 504 IPC, P.S. Pali Mukeempur, District Aligarh.
Learned counsel for the petitioner submits that no case is made out against the petitioner for committing the alleged offence. He further contended that the petitioner is innocent and has 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 petitioner shall not be arrested in above mentioned case, till the submission of police report under section 173(2) Cr.P.C., whichever is earlier.
It is made clear that petitioner shall co-operate with the investigation going on.
With the above direction this petition is finally disposed of.
Order Date :- 14.6.2018 Meenu
2 issues framed by the court
Whether to quash the first information report disclosing commission of a cognizable offence.
Whether to grant direction against arrest pending submission of police report under Section 173(2) Cr.P.C.
Colour shows how this judgement treated each authority
Joginder Kumar Versus State of U.P.Applied¶10
1994 Cr.L.J. 1981
3 provisions across 2 enactments
Pinkesh Kumar
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
