The court declined to quash the FIR but directed the police not to arrest the petitioner pending the submission of the police report under Section 173(2) CrPC. The writ petition was disposed of accordingly.
Directed that the petitioner not be arrested until the police report under Section 173(2) CrPC is submitted.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 173 of 2018
Petitioner :- Sonali (Somali) Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Ashok Kumar Pandey,Yashwant Singh Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, learned counsel for the respondents-State and perused the record.
This petition for writ is before us with a prayer to quash the First Information Report dated 25.11.2017 bearing Case Crime No. 0947 of 2017 pertaining to investigation for the offences punishable under Sections 420, 467, 468 I.P.C., P.S.- Civil Lines, District- Muzaffar Nagar.
Having considered the facts stated in the first information report, we are not inclined to quash the same as that discloses commission of an offence cognizable.
However, looking to the merits of the case and the surrounding circumstances, we deem it appropriate to direct the Station House Officer not to arrest the petitioner in relation to the First Information Report dated 25.11.2017 bearing Case Crime No. 0947 of 2017 pertaining to investigation for the offences punishable under Sections 420, 467, 468 I.P.C., P.S.- Civil Lines, District- Muzaffar Nagar till submission of the police report under Section 173 (2) of the Code of Criminal Procedure. Petitioner shall cooperate in the investigation.
The writ petition stands disposed of accordingly.
Order Date :- 8.1.2018 Rameez
(Ashok Kumar,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether the First Information Report disclosing a cognizable offence should be quashed.
2 provisions across 2 enactments
Sonali (Somali)
State Of U.P.
2 Ors.
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
