The High Court declined to quash the FIR but stayed the petitioner's arrest until the police report under CrPC Section 173(2) was submitted, ordering cooperation during investigation.
Stay of arrest of petitioner till submission of police report under CrPC 173(2).
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 434 of 2018
Petitioner :- Balveer Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raghvendra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the Staterespondents.
This petition for writ is before us to have a direction to quash the FIR dated 13.12.2017 bearing Case Crime No.690 of 2017, pending investigation at Police Station Gabhana, District Aligarh for the offences punishable under Sections 376, 506, 511 IPC.
Learned counsel for the petitioner submits that even if the allegations made against the petitioners in the FIR is accepted to be true on its face value, no case could have been lodged against the petitioner for the offence under Section 376 IPC.
We have looked into the FIR that is challenged in this petition for writ. From a perusal of the contents of the FIR aforesaid prima facie we are satisfied with the argument advanced by learned counsel for the petitioner. However, looking to the gravity of the matter we do not find any just reason to quash the FIR but it is a case fit to stay the arrest of the petitioner.
Accordingly, the Station House Officer, respondent no.3 is directed not to arrest the petitioner in relation to FIR, referred to above, till submission of the police report under the provisions of Section 173 (2) of the Code of Criminal Procedure. The petitioner shall cooperate the investigating agency during the course of investigation.
Petition stands disposed of as above.
Order Date :- 10.1.2018
pk
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the FIR should be quashed or the petitioner arrested pending investigation.
Whether the petitioner should be allowed to cooperate during investigation while resisting arrest.
1 provisions across 1 enactments
Balveer
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
