Disposed

Mohd. Hasan Rizvi and Another v. State of U.P. and 2 Others

Allahabad HC3 Jan 2018CRLP/29016/2017

Case brief

AI extract

What is this about?

In this criminal miscellaneous writ petition, the court directed police authorities not to arrest the petitioners for specified IPC offences until a police report was submitted under Section 173(2) CrPC, relying on the stage of criminal proceedings and existence of the report.

What did the court decide?

Direction to respondent no. 2 not to arrest petitioners till submission of police report under Section 173(2) CrPC.

Mohd. Hasan Rizvi and Another Vs State of U.P. and 2 Others — Bail and Remand | Allahabad HC (2018)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 29016 of 2017

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Petitioner :- Mohd. Hasan Rizvi & Another Respondent :- State Of U.P. & 2 Others Counsel for Petitioner :- Prashant Kumar Singh,Arun Kumar Counsel for Respondent :- G.A.,Uma Nath Pandey

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Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the respondents-State and perused the record.

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This petition for writ is preferred to have a direction for respondent no. 2 not to arrest the petitioners in relation to First Information Report dated 03.12.2017 registered as Case Crime No. 946 of 2017 at P.S.-Kalwari, District-Basti for the offences punishable under Sections 419, 420, 467, 468, 471, 120-B I.P.C.

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It is stated by learned counsel appearing on behalf of the petitioners that despite having knowledge of alleged crime in the year 2014 no steps were taken by the informant to book the petitioners for criminal liability. To substantiate the contention, a reference of the affidavit is given that was said to be filed before the Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region Gorakhpur. A reference of the affidavit aforesaid is also given in the order dated 08.05.2014 passed by the Assistant Registrar.

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From perusal of the facts available on record, it is not at all in dispute that the informant was having knowledge about the crime in question in the year 2014 and no explanation at all is available for causing such huge delay.

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Be that as it may without examining effect of such delay in relation to criminal liability of the petitioners, we are of the view that the petitioners are certainly entitled to have a direction for police authorities not to arrest them till submission of a police report as per provisions of Section 173 (2) of the Code of Criminal Procedure, 1973. Accordingly, this petition for writ is disposed of by directing respondent no. 2 not to arrest the petitioners till submission of a police report as per provisions of Section 173 (2) of the Code of Criminal Procedure before the Court Competent.

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Order Date :- 3.1.2018

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Rameez

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(Ashok Kumar,J.) (Govind Mathur,J.)

Mohd. Hasan Rizvi and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Mohd. Hasan Rizvi and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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