Court refused to quash the FIR but directed police not to arrest petitioners until filing of police report under CrPC Section 173(2).
Directed SHO not to arrest petitioners till filing of police report under Section 173(2) CrPC.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 3712 of 2018
Petitioner :- Surendra Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Pandey Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 21.12.2017 bearing Case Crime No.1107 of 2017 pending investigation at Police Station Buxa, District Jaunpur for the offence under Section 380 IPC.
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.
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 Buxa, District Jaunpur not to arrest the petitioners namely Surendra Yadav and Akhilesh Yadav , 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 :- 16.2.2018 A.Kr.*
[Ashok Kumar, J.] [Govind Mathur, J.]
2 issues framed by the court
Whether the First Information Report concerning Section 380 IPC offence should be quashed under Article 226 of the Constitution.
Whether there is sufficient material for investigation in the offence alleged in the FIR.
2 provisions across 2 enactments
Surendra Yadav
Akhilesh Yadav
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
