The High Court held that while the FIR discloses a cognizable offense and would not be quashed, it directed the SHO not to arrest specific petitioners pending the filing of the police report under Section 173(2) Cr.P.C.
Direction not to arrest petitioners till filing of police report under Section 173(2) Cr.P.C.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 1583 of 2018
Petitioner :- Baburam And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mr Sudhir Kumar Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This petition for writ is before us with a prayer to quash the First Information Report dated 26.10.2017 bearing Case Crime No. 210 of 2017 pending investigation at Police Station Sidhpur, District Kanshiram Nagar pertaining to the offences under Sections 419, 420, 467, 468, 471 I.P.C.
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.
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.
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. Sidhpur, District Kanshiram Nagar not to arrest the petitioners Baburam, Narendra, Smt. Alka Verma, Smt. Rajwati, Kishori Lal Dubey, Vinod Kumar in Case Crime No.210 of 2017 pending investigation at Police Station Sidhpur, District Kanshiram Nagar pertaining to the offences under Sections 419, 420, 467, 468, 471 I.P.C. 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.
The writ petition, with the observation above, stands disposed of.
Order Date :- 1.2.2018 S.S.
(Ashok Kumar, J.) (Govind Mathur, J.)
1 issue framed by the court
Whether the First Information Report should be quashed based on averments disclosing commission of a cognizable offence.
6 provisions across 2 enactments
Baburam And 5 Others
State Of U.P. And 2 Others
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
