Criminal Misc. Writ Petition seeking quashing of an FIR. The court declined to quash the FIR but directed non-arrest of the petitioner pending the filing of the police report under Section 173(2) Cr.P.C.
Directed SHO not to arrest petitioners until the filing of the police report under Section 173(2) Cr.P.C.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 2411 of 2018
Petitioner :- Initiyaz Ali Khan Respondent :- State Of U.P. Counsel for Petitioner :- Ram Shiromani Shukla,Anubhav Shukla Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This petition for writ is before us with a prayer to quash the First Information Report dated 21.11.2017 bearing Case Crime No. 797 of 2017 pending investigation at Police Station Milak, District Rampur pertaining to the offences under Sections 420, 406, 504, 506 I.P.C.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioners for the offences referred in the present F.I.R.
We have looked into the contents of the First Information Report. The averments contained therein disclose commission of offence cognizable and therefore, at this stage, we are not inclined to quash the First Information Report.
However, looking to all the facts of the case and other surrounding circumstances, we deem it appropriate to direct the Station House Officer, P.S. Milak, District Rampur not to arrest the petitioners namely, Imitiyaz Ali Khan, Nasir in Case Crime No.797 of 2017 pending investigation at Police Station Milak, District Rampur pertaining to the offences under Sections 420, 406, 504, 506 I.P.C. till filing of the police report as per provisions of Section 173(2) Cr.P.C. before the Court competent. The petitioners shall cooperate with the investigating agency during course of investigation.
Order Date :- 5.2.2018 S.S.
(Ashok Kumar, J.) (Govind Mathur, J.)
2 issues framed by the court
Whether the First Information Report in a cheating case is maintainable and requires quashing.
Whether bail can be granted at the prima facie stage before the filing of the charge sheet.
2 provisions across 2 enactments
Initiyaz Ali Khan
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
