The court refused to quash the FIR but directed the SHO not to arrest the petitioner pending the filing of the final police report under Section 173(2) Cr.P.C., while requiring cooperation during investigation.
Direction not to arrest the petitioner till filing of police report under Section 173(2) Cr.P.C.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 2318 of 2018
Petitioner :- Chanchal Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Sri Pankaj Sharma Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, Sri Pankaj Sharma and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 05.09.2017 bearing Case Crime No. 0343 of 2017 pending investigation at Police Station Baldeo, District Mathura pertaining to the offences under Sections 376 and 506 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 Baldeo, District Mathura not to arrest the petitioner- Chanchal 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 to quash the first information report under Sections 376 and 506 of IPC.
Whether to grant a direction not to arrest the petitioner pending filing of the police report.
1 provisions across 1 enactments
Chanchal
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
