The court refused to quash the FIR but directed the SHO not to arrest the petitioner until the filing of the police report under Section 173(2) CrPC, requiring cooperation in the investigation.
Petitioner shall not be arrested until filing of police report under Section 173(2) CrPC; petitioner to co-operate 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. - 3166 of 2018
Petitioner :- Ashok Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Samiuzzaman Khan 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 04.1.2018 bearing Case Crime No.14 of 2018 pending investigation at Police Station- Hata, District-Kushinagar pertaining to the offences under Sections-419, 420, 406, 467, 468, 471, 504, 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- Hata, District-Kushinagar, not to arrest the petitionerAshok Verma, 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.)
2 issues framed by the court
Whether to quash the First Information Report dated 04.1.2018.
Whether to grant direction for non-arrest of petitioner pending filing of police report.
9 provisions across 2 enactments
Ashok Verma
State Of U.P.
Other 1
Other 2
Other 3
Ashutosh
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
