Court rejected prayer to quash FIR in cases under Electricity Act and IPC. Directed SHO not to arrest petitioners until police report filed under Section 173(2) Cr.P.C.
Ordinance enjoined on SHO not to arrest petitioners till filing of police report under Section 173(2) Cr.P.C.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 3771 of 2018
Petitioner :- Pawan Sarswat And 2 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Vinod Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners, Sri Gauri Shankar Yadav, learned counsel for the respondent and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 05.02.2018 bearing Case Crime No. 127 of 2018 pending investigation at Police Station Kotwali Farrukhabad, District Farrukhabad pertaining to the offences under Section 138 Electricity Act and Sections 147, 323, 504, 342, 332, 353 of Indian Penal Code.
Learned counsel for the petitioners submits that no case is made out against the petitioners with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct the respondent Station House Officer, Police Station Kotwali Farrukhabad, District Farrukhabad not to arrest the petitioners namely Pawan Sarswat, Azad Pandey and Mayank Malhotra in relation to the first information report referred above till filing of police report as per Subsection (2) of Section 173 of Cr.P.C. The petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly. Order Date :- 16.2.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether the first information report should be quashed given the lack of a made-out case against the petitioners.
3 provisions across 3 enactments
Pawan Sarswat And 2 Ors.
State Of U.P. And 2 Ors.
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
