The court declined to quash the FIR containing cognizable offences but directed police not to arrest specific petitioners pending the filing of the police report under Section 173(2) Cr.P.C.
Direction to Station House Officer not to arrest petitioners Raju, Jitendra Kumar, and Vicky pending filing of Section 173(2) Cr.P.C. report.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 1595 of 2018
Petitioner :- Raju And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mr Pradeep Kumar Rai,Mr Saurabh Trivedi 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 15.1.2018 bearing Case Crime No. 0038 of 2018 pending investigation at Police Station Medical College, District Meerut pertaining to the offences under Sections 376, 377, 406 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. Medical College, District Meerut not to arrest the petitioners namely Raju, Jitendra Kumar, Vicky in Case Crime No.0038 of 2018 pending investigation at Police Station Medical College, District Meerut pertaining to the offences under Sections 376, 377, 406 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 or merely directions issued to prevent arrest during investigation.
Raju And 3 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
