Held not inclined to quash FIR disclosing sufficient averments for offence, but directed SHO not to arrest petitioners pending investigation and filing of final report.
Directed Station House Officer 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. - 1585 of 2018
Petitioner :- Anil Yadav And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mr Ajay Kumar Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Certified copy of the F.I.R. filed along with supplementary affidavit, the same is placed on record.
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 19.9.2017 bearing Case Crime No. 555 of 2017 pending investigation at Police Station Bhogaon, District Mainpuri pertaining to the offences under Sections 419, 420 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. Bhogaon, District Mainpuri not to arrest the petitioners namely Anil Yadav, Sangam, Surjita in Case Crime No.555 of 2017 pending investigation at Police Station Bhogaon, District Mainpuri pertaining to the offences under Sections 419, 420 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.)
2 issues framed by the court
Whether the First Information Report should be quashed.
Whether the allegation of false implication warrants non-arrest during investigation.
2 provisions across 2 enactments
Anil Yadav And 2 Others
State Of U.P. And 3 Others
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
