Mohd. Nahid and 4 Others Vs State of U.P. and 3 Others

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 3207 of 2018

Petitioner :- Mohd. Nahid And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyendra Kumar Mishra,Praveen Mishra Counsel for Respondent :- G.A.

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

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None is present for the petitioners. Learned AGA is present.

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This petition for writ is before us with a prayer to quash the first information report dated 18.11.2017 bearing Case Crime No. 234 of 2017 pending investigation at Police Station Bekanganj, District Kanpur Nagar pertaining to the offences under Sections 323, 504, 354, 342, 506 of Indian Penal Code.

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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.

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However, looking to the nature of allegations and also surrounding circumstances, we deem it appropriate to direct the Station House Officer, Police Station Bekanganj, District Kanpur Nagar not to arrest the petitioners namely Mohd. Nahid, Mohd. Zaid, Mohd. Saif, Km. Subiya and Habibullah , 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 petitioners shall co-operate the investigating agency in relation to the investigation in process.

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The writ petition stands disposed of accordingly.

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Order Date :- 9.2.2018 SK Srivastava

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

Mohd. Nahid and 4 Others v. State of U.P. and 3 Others

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Mohd. Nahid and 4 Others v. State of U.P. and 3 Others

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