Writ petition under Article 226 sought quashing of FIR. Court found grounds required for investigation existed but, considering surrounding circumstances, directed SHO not to arrest petitioner until police report was filed under Section 173 Cr.P.C.,
Directing SHO not to arrest the petitioner until filing of police report as per section 173 Cr.P.C.
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Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1608 of 2018 Petitioner :- Ramesh Kumar Sharma Respondent :- State Of U.P. Counsel for Petitioner :- Mr Amit Rai,Mr Vikas Sharma Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Amit Rai, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 565 of 2017 pending investigation at Police Station Shahpur, District Gorakhpur pertaining to offence punishable under Sections 354, 323, 504, 506 IPC.
Learned counsel for the petitioner submits that no case is made out against the petitioner with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct respondent No. 2-Station House Officer, Police Station Shahpur, District Gorakhpur not to arrest the petitioner in relation to the first information report referred above till filing of police report as per sub-Section (2) of Section 173 of Cr.P.C. The petitioner shall cooperate the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 25.1.2018/Shubham
(Ashok Kumar,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether there is sufficient ground to quash the first information report
Ramesh Kumar Sharma
State Of U.P.
Govind Mathur
Ashok Kumar
As recorded by the court registry
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