High Court dismissed a writ petition seeking to quash an FIR. While refusing to quash the FIR due to cognizable offence details, the court directed non-arrest of petitioner till police report submission under CrPC S. 173(2).
Non-arrest of petitioners till police report filed under S. 173(2) CrPC; direction to cooperate in investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 276 of 2018
Petitioner :- Mohammad Shahajade And Anr. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Rahul Mishra,Abhishek Mishra Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report dated 29.12.2017 bearing Case Crime No. 0691 of 2017 pending investigation at Police Station - Jhunsi, District - Allahabad pertaining to offence punishable under Sections 379, 427, 506 IPC.
Learned counsel for the petitioners submits that no case is made out against the petitioners for the offence referred in the first information report.
Having considered the facts stated in the first information report, we do not find any just reason to quash the first information report as that discloses commission of an offence cognizable.
However, looking to the nature of the case and other surrounding circumstances, we deem it appropriate to direct the respondent no. 3 Station House Officer not to arrest the petitioners in relation to first information report referred to above till submission of the police report under Section 173 (2) of the Code of Criminal Procedure. Petitioners shall cooperate in the investigation.
The writ petition stands disposed of accordingly.
Order Date :- 16.1.2018 Rameez
(Ashok Kumar,J.) (Govind Mathur,J.)
3 issues framed by the court
Whether the first information report discloses commission of a cognizable offence warranting quashing.
Whether the petitioners should be arrested pending the police report.
Whether the petitioners should be directed to cooperate in the investigation.
2 provisions across 2 enactments
Mohammad Shahajade And Anr.
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
