The Court refused to quash the F.I.R. due to sufficient material for investigation but directed the SHO to refrain from arresting the petitioner until the filing of the police report under Section 173(2) CrPC, conditioned on his cooperation with the inquiry.
Directed SHO not to arrest petitioner till filing of police report under Section 173(2) CrPC.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 3165 of 2018
Petitioner :- Shahanwaz Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prem Chandra Patel Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
None is present for the petitioner. Learned AGA is present.
This petition for writ is before us with a prayer to quash the first information report dated 12.11.2017 bearing Case Crime No. 1404 of 2017 pending investigation at Police Station Kerakat, District Jaunpur pertaining to the offences under Sections 147, 148, 323, 504, 452 of Indian Penal Code and Section 7 Criminal Law (Amendment) Act, 1932.
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 Kerakat, District Jaunpur not to arrest the petitioner- Shahanwaz , 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 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the first information report under Sections 147, 148 IPC and Section 7 Crime (C.A.) Act, 1983 should be quashed.
Whether the petitioner should be arrested pending the filing of the police report.
1 provisions across 1 enactments
Shahanwaz
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
