Sandeep Mishra @ Satya Prakash and Another Vs State of U.P. and 2 Ors.

Court No. - 29

Case :- CRIMINAL MISC. WRIT PETITION No. - 4129 of 2018

Petitioner :- Sandeep Mishra @ Satya Prakash And Another Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Rajesh Kumar Tiwari Counsel for Respondent :- G.A.

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

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Heard Sri Rajesh Kumar Tiwari, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.

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This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 7 of 2018 pending investigation at Police Station Kapsethi, District Varanasi pertaining to offence punishable under Sections 354, 506 IPC.

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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.

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A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.

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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 respondent No. 2-Station House Officer, Police Station Kapsethi, District Varanasi not to arrest the petitioners- Sandeep Mishra alias Satya Prakash and Piyush Mishra 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 the Investigating Agency during course of investigation.

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The writ petition stands disposed of accordingly.

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Order Date :- 20.2.2018 Shubham

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(Ashok Kumar,J.) (Govind Mathur,J.)

Sandeep Mishra @ Satya Prakash and Another v. State of U.P. and 2 Ors.

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Sandeep Mishra @ Satya Prakash and Another v. State of U.P. and 2 Ors.

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