Petition for writ to quash the First Information Report. Court found sufficient material to proceed with investigation but directed the SHO not to arrest petitioners until the police report under Section 173(2) Cr.P.C. is filed.
Directing the SHO not to arrest the petitioners till the filing of the police report under Section 173(2) Cr.P.C.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 3249 of 2018
Petitioner :- Hari Har And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ali Akbar Ansari Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
None present for the petitioners. Learned AGA is present.
This petition for writ is before us to quash the First Information Report dated 18.12.2016 bearing Case Crime No.1838 of 2016 pending investigation at Police Station Sarai Lakhansi, District Mau for the offence under Sections 419, 420, 467, 468 IPC.
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 Sarai Lakhansi, District Mau not to arrest the petitioners namely Hari Har, Kailash, Vijay, Atwaria, Lakhmina, Gulab Chauhan, Satendra Singh, Kevli 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.
The writ petition stands disposed of accordingly.
Order Date :- 9.2.2018 A.Kr.*
[Ashok Kumar, J.] [Govind Mathur, J.]
2 issues framed by the court
Whether to quash the First Information Report registered for offences under Sections 419, 420, 467, 468 IPC.
Whether to grant a stay on the arrest of the petitioners pending the filing of the police report.
1 provisions across 1 enactments
Hari Har And 7 Others
State Of U.P. And 3 Others
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
