Court stayed arrest of petitioner pending police report submission instead of quashing FIR. Writ petition allowed for procedural protection. Petitioner directed to cooperate.
Petitioner shall not be arrested by SHO till submission of police report under Section 173(2) CrPC; petitioner to cooperate in investigation.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 1866 of 2018
Petitioner :- Badri Prasad Respondent :- State Of U.P. And 3others Counsel for Petitioner :- Shyam Narayan Verma Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, learned AGA for the Staterespondents and Sri Sunil Kumar Singh, learned counsel for the complainant.
This petition for writ is before us to have a direction to quash the FIR dated 11.1.2018 bearing Case Crime No.0031 of 2018, pending investigation at Police Station Cantt., District Varanasi for the offences punishable under Sections 323, 506, 420, 467, 468, 471, 392 IPC.
Learned counsel for the petitioner submits that no case is made out against the petitioner for the offences referred in the FIR.
We have looked into the FIR that is challenged in this petition for writ. A bare perusal of the contents of the FIR discloses the commission of serious offences which are cognizable. Looking to definite accusation we are at all not inclined to interfere with the same while invoking powers under Article 226 of the Constitution of India.
However, looking to the merits of the case and the surrounding circumstances, we deem it appropriate to direct the Station House Officer, respondent no3 not to arrest the petitioner namely Badri Prasad in relation to FIR, referred to above, till submission of the police report under the provisions of Section 173 (2) of the Code of Criminal Procedure. The petitioner shall cooperate the investigating agency during the course of investigation.
Petition stands disposed of as above.
Order Date :- 30.1.2018
pk
(Ashok Kumar,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether the court should interfere to quash the FIR under Article 226.
2 provisions across 2 enactments
Badri Prasad
State Of U.P.
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
