In this criminal miscellaneous writ petition, the High Court declined to quash the FIR but directed the SHO not to arrest the petitioner until the police report under Section 173(2) CrPC is filed, while requiring cooperation with the investigation.
Direction to SHO not to arrest the petitioner till filing of police report under Section 173(2) CrPC.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 3700 of 2018
Petitioner :- Mohd. Haneef Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 20.01.2018 bearing Case Crime No.31 of 2018 pending investigation at Police Station Bilsanda, District Pilibhit for the offence under Sections 447, 353 IPC.
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 Bilsanda, District Pilibhit not to arrest the petitioner Mohd. Haneef , 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 :- 16.2.2018 A.Kr.*
[Ashok Kumar, J.] [Govind Mathur, J.]
1 issue framed by the court
Whether the First Information Report filed under Sections 447, 353 IPC should be quashed?
1 provisions across 1 enactments
Mohd. Haneef
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
