Criminal Miscellaneous Writ Petition seeking quashing of FIR. Court held order inappropriate for quashing but directed SHO not to arrest petitioner until investigation complete.
Directed Station House Officer not to arrest petitioner till filing of police report under Section 173(2) Cr.P.C. Petitioner to cooperate.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 2405 of 2018
Petitioner :- Arvind Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Achche Lal Singh Yadav,Awadhesh Kumar Malviya 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 29.12.2017 bearing Case Crime No. 906 of 2017 pending investigation at Police Station Dullahpur, District Ghazipur pertaining to the offences under Sections 379 and (411 amended section) of I.P.C.
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 Dullahpur, District Ghazipur not to arrest the petitioner- Arvind Yadav 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 :- 5.2.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the FIR under Sections 379 and 411 IPC should be quashed or adjourned for investigation?
Whether the petitioner should be arrested pending investigation?
1 provisions across 1 enactments
Arvind Yadav
State Of U.P.
Unnamed Other 1
Unnamed Other 2
Unnamed Other 3
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
