Court disposed of quashing petition. Directed petitioner shall not be arrested pending submission of police report under section 173(2) Cr.P.C. but must cooperate with investigation.
Stayed arrest of petitioner pending submission of police report; directed cooperation with investigation.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2633 of 2018
Petitioner :- Kuldeep Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Kunwar Ajay Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kunwar Ajay Singh, learned counsel for the petitioner, Sri Irshad Husain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 30.09.2017 registered as case crime no. 0379 of 2017 under sections 323, 504 and 302 I.P.C. Police Station Musa Nagar, District Rama Bai Nagar (Kanpur Dehat).
Learned A.G.A. opposed the prayer for quashing.
From the perusal of the interim order dated 05.02.2018 passed by this Court it appears that this Court had stayed the arrest of the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(D.K. Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 3.4.2018 A. Mandhani
2 issues framed by the court
Whether the first information report should be quashed pending submission of police report.
Whether an interim stay on arrest should be extended pending police report.
1 provisions across 1 enactments
Kuldeep
State Of U.P.
Ors.
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
