High Court declined to quash the FIR due to definite accusations of serious offences but directed non-arrest of the petitioner until the police report under Section 173(2) CrPC is submitted by the SHO.
Direction to SHO not to arrest the petitioner till submission of police report under Section 173(2) CrPC.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 1891 of 2018
Petitioner :- Vallabh Goyal Alias Radha Vallabh Goyal Respondent :- State Of U.P. And Others Counsel for Petitioner :- Ali Hasan,Istiyaq Ali Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the Staterespondents.
This petition for writ is before us to have a direction to quash the FIR dated 9.11.2017 bearing Case Crime No.794 of 2017, pending investigation at Police Station Malpura, District Agra for the offences punishable under Sections 467, 468, 420, 471 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 no.2 not to arrest the petitioner namely Vallabh Goyal alias Radha Vallabh Goyal 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.)
2 issues framed by the court
Whether the High Court should quash the FIR maintainable under Article 226 of the Constitution of India.
Whether the petitioner should be directed not to be arrested till the submission of the police report.
2 provisions across 2 enactments
Vallabh Goyal Alias Radha Vallabh Goyal
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
