The Court dismissed the prayer to quash the FIR due to cognizable offence averment but directed the SHO not to arrest the petitioner until a police report under Section 173(2) Cr.P.C. is filed.
Petitioner not to be arrested in Crime No. 1226 of 2017 pending investigation until filing of police report under Section 173(2) Cr.P.C.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 271 of 2018
Petitioner :- Anupam Kumar (Shukla) Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Manish Khare Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
This petition for writ is before us with a prayer to quash the First Information Report dated 6.10.2017 bearing Case Crime No. 1226 of 2017 pending investigation at Police Station Lanka, District Varanasi pertaining to the offences under Sections 419, 420, 467, 468, 471 I.P.C.
It is pointed out by the learned counsel for the petitioner that a civil suit has already been filed and as such no criminal liability can be fastened upon the petitioner.
We have looked into the contents of the First Information Report. The averment contained therein discloses commission of offence cognizable and therefore, at this stage, we are not inclined to quash the First Information Report.
However, looking to the nature of dispute and other surrounding facts, we deem it appropriate to direct the Station House Officer, P.S. Lanka, District Varanasi not to arrest the petitioner in Case Crime No. 1226 of 2017 pending investigation at Police Station Lanka, District Varanasi pertaining to the offences under Sections 419, 420, 467, 468, 471 I.P.C. till filing of the police report as per provisions of Section 173(2) Cr.P.C. before the Court competent.
The writ petition, with the observation above, stands disposed of.
Order Date :- 9.1.2018 S.S.
(Ashok Kumar, J.) (Govind Mathur, J.)
2 issues framed by the court
Whether the First Information Report disclosing cognizable offence should be quashed given the existence of a civil suit?
Whether the petitioner should be directed not to be arrested pending filing of the police report under Section 173(2) Cr.P.C.?
Anupam Kumar (Shukla)
State Of U.P.
Govind Mathur
Ashok Kumar
As recorded by the court registry
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