The Hon'ble High Court dismissed the petition to quash the FIR but directed non-arrest of the petitioner pending filing of the police report under Section 173(2) Cr.P.C, directing cooperation with the investigation.
Direction to the SHO not to arrest the petitioner until filing of the police report under Section 173(2) Cr.P.C.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 2130 of 2018
Petitioner :- Pramod Tyagi Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Rajeev Kumar Rai 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 State.
This petition for writ is before us with a prayer to quash the first information report dated 24.11.2017 bearing Case Crime No. 1765 of 2017 pending investigation at Police Station Indirapuram, District Ghaziabad pertaining to the offences under Sections 406 and 420 of Indian Penal Code.
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 the respondent Station House Officer, Police Station Indirapuram, District Ghaziabad not to arrest the petitioner- Pramod Tyagi 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 with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 15.2.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the first information report under Sections 406 and 420 IPC deserves to be quashed on the ground that no case is made out.
Whether an order directing non-arrest of the petitioner pending filing of the police report under Section 173(2) Cr.P.C. is appropriate in the circumstances of the case.
3 provisions across 2 enactments
Pramod Tyagi
State Of U.P.
Station House Officer, Police Station Indirapuram, District Ghaziabad
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
