The High Court refused to quash the FIR in a Section 380 IPC case due to sufficient prima facie material. However, a direction was issued to Police not to arrest the petitioners until the filing of the police report under Section 173(2) CrPC.
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. - 3722 of 2018
Petitioner :- Sukhdeo Singh Yadav And Anr. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Subhash Chandra Yadav 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 20.12.2017 bearing Case Crime No.1178 of 2017 pending investigation at Police Station Shikohabad, District Firozabad 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 Shikohabad, District Firozabad not to arrest the petitioners namely Sukhdeo Singh Yadav and Devendra Singh 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.]
1 issue framed by the court
Whether the First Information Report should be quashed for concocted facts.
1 provisions across 1 enactments
Sukhdeo Singh Yadav And Anr.
State Of U.P. And 3 Ors.
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
