This High Court rejected the petition to quash an FIR due to prima facie sufficient material for investigation. However, it directed the SHO not to arrest the petitioners until the investigation report under Section 173(2) CrPC was filed.
FIR not quashed; petitioners not to be arrested until police report filed under Section 173(2) CrPC.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 3162 of 2018
Petitioner :- Bhagwan Devi And 2 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Akhilesh Srivastava,Saksham Srivastava Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
None is present for the petitioners. Learned AGA is present.
This petition for writ is before us with a prayer to quash the first information report dated 01.02.2018 bearing Case Crime No.68 of 2018 pending investigation at Police Station- Banna Devi, District-Aligarh pertaining to the offences under Sections-420, 467, 468, 506 Indian Penal Code.
From perusal of the averment contained in the First Information report, it reveals that prima facie there is sufficient material to have investigation for cognizable offence and as such we are not inclined to quash the First Information Report.
However, looking to the nature of allegations and also surrounding circumstances, we deem it appropriate to direct the Station House Officer, Police Station- Banna Devi, DistrictAligarh, not to arrest the petitioners namely Smt. Bhagwan Devi, Chandrapal and Ajay Kumar, in the case referred above, till filing of the police report as per the provision of Section 173(2) of the Code of Criminal Procedure, 1973. The petitioner shall co-operate the investigating agency in relation to the investigation in process.
The writ petition stands disposed of accordingly.
Order Date :- 9.2.2018 Ashutosh
(Ashok Kumar, J.) (Govind Mathur, J.)
1 issue framed by the court
Whether the First Information Report should be quashed or if affidavits alleging prima facie sufficient material exist to initiate investigation.
2 provisions across 2 enactments
Bhagwan Devi And 2 Ors.
State Of U.P. And 2 Ors.
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
