The High Court declined to quash the FIR due to commission of a cognizable offence. However, the Court directed the SHO not to arrest petitioners until the filing of the police report under Section 173(2) Cr.P.C.
Directed respondent No.2 not to arrest petitioners until filing of police report under Section 173(2) Cr.P.C.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 445 of 2018
Petitioner :- Chhotelal And 9 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Azaz Ahmad Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Azaz Ahmad, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
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. 0102 of 2017 pending investigation at Police Station Tahabarpur, District Azamgarh pertaining to offence punishable under Sections 147, 323, 504, 506, 427, 452 IPC.
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 respondent No.2-Station House Officer, Police Station Tahabarpur, District Azamgarh not to arrest the petitioners in relation to the first information report referred above till filing of police report as per sub-Section (2) of Section 173 of Cr.P.C. The petitioners shall cooperate the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 10.1.2018 Shubham
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the jurisdiction to quash the FIR should be exercised in the instant case given the nature of offences alleged.
Whether the petitioners can be arrested given the circumstances while the investigation is pending.
Chhotelal And 9 Others
State Of U.P. And 2 Others
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
