The court rejected the petitioner's prayer to quash the FIR but directed the police not to arrest him pending the filing of the police report under Section 173(2) CrPC.
Directed the Station House Officer, Police Station Naini, not to arrest the petitioner till the filing of the police report under Section 173(2) CrPC.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 3559 of 2018
Petitioner :- Ankit Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, Sri R.S. Umrao, Advocate holding brief of Sri Mahboob Ahmad, learned counsel for the respondent no.4 and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 01.02.2018 bearing Case Crime No.95 of 2018 pending investigation at Police Station Naini, District Allahabad for the offence under Sections 352, 353, 504, 506 IPC and 138(1)(b) of Indian Electricity Act (Amended) 2003.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioner for the offence referred in the FIR.
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 Naini, District Allahabad not to arrest the petitioner Ankit 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 :- 15.2.2018 A.Kr.*
[Ashok Kumar, J.] [Govind Mathur, J.]
1 issue framed by the court
Whether the First Information Report should be quashed as the petitioner was falsely implicated.
1 provisions across 1 enactments
Ankit
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
