Court refused to quash the FIR but directed the police not to arrest the petitioners until the police report under Section 173(2) Cr.P.C. is filed, directing their cooperation with investigation.
Direction not to arrest petitioners Heera Lal and Pyare Lal till filing of police report under Section 173(2) Cr.P.C.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 2391 of 2018
Petitioner :- Heeral Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Kant Shukla Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 12.01.2018 bearing Case Crime No. 0016 of 2018 pending investigation at Police Station Kotwali Chunar, District Mirzapur pertaining to the offences under Section 4/21 of the Mine and Mineral (Development an Regulation) Act, 1957 and Section 3 of Prevention of Damage to Public Property Act, 1984.
Learned counsel for the petitioners submits that no case is made out against the petitioners 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 Kotwali Chunar, District Mirzapur not to arrest the petitioners namely Heera Lal and Pyare Lal 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 petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 2.2.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the first information report should be quashed inPending criminal proceedings.
Whether the petitioners should be arrested prior to the filing of the police report.
3 provisions across 3 enactments
Heeral Lal
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
