In Criminal Misc. Writ Petition No. 3213 of 2018, the High Court declined to quash an FIR under the Information Technology Act. However, directing the SHO not to arrest the petitioner until the police file their final report under Section 173(2) CrPC.
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. - 3213 of 2018
Petitioner :- Jabir Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Archna Singh Jadaun 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 01.02.2018 bearing Case Crime No.0022 of 2018 pending investigation at Police Station- Erich, District- Jhansi pertaining to the offences under Sections-66(D), 66(E) and 67 Information Technology Act, 2000.
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-Erich, District- Jhansi, not to arrest the petitioner- Jabir Ali, 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 the First Information Report in quashing proceedings under the Information Technology Act should be quashed.
Whether the petitioner should be arrested pending the filing of the police report.
2 provisions across 2 enactments
Jabir Ali
State Of U.P.
3 Others
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
