A criminal writ petition under Article 226 of the Constitution seeking quashing of an F.I.R. Sections 147, 504, 323, 354(B) and 506 IPC. The Court dismissed the prayer to quash the FIR but directed the SHO not to arrest petitioners till filing of police report.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 2404 of 2018
Petitioner :- Shahid And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mool Chandra Maurya 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 14.09.2017 bearing Case Crime No. 0460 of 2017 pending investigation at Police Station Awagarh, District Etah pertaining to the offences under Sections 147, 504, 323, 354(B) and 506 of Indian Penal Code.
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 Awagarh, District Etah not to arrest the petitioners namely Sahid, Mantu @ Naseem, Panna @ Dilshad, Lala @ Aneesh and Sunil @ Ashif 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.)
1 issue framed by the court
Whether the first information report should be quashed or quashed and title directed.
2 provisions across 2 enactments
Shahid And 4 Others
State Of U.P. And 3 Others
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
