Badri Prasad and Another Vs State of U.P. and 3 Others

Court No. - 29

Case :- CRIMINAL MISC. WRIT PETITION No. - 3702 of 2018

Petitioner :- Badri Prasad And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Narayan Verma Counsel for Respondent :- G.A.

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

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Heard learned counsel for the petitioners and learned AGA for the State.

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This petition for writ is before us to quash the First Information Report dated 24.01.2018 bearing Case Crime No.75 of 2018 pending investigation at Police Station Badagaon, District Varanasi for the offence under Sections 323, 504, 506, 420, 419, 452 IPC.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioners for the offence referred in the FIR.

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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 Badagaon, District Varanasi not to arrest the petitioners namely Badri Prasad and Laxmi Shanker , 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 :- 16.2.2018 A.Kr.*

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[Ashok Kumar, J.] [Govind Mathur, J.]

Badri Prasad and Another v. State of U.P. and 3 Others

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Badri Prasad and Another v. State of U.P. and 3 Others

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