The court declined to quash the FIR but issued an interim direction prohibiting arrest of the petitioners until the police submits its final report under Section 173(2) CrPC while they cooperate with the investigation.
Direction directing SHO not to arrest petitioners till submission of police report under Section 173(2) CrPC.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 455 of 2018
Petitioner :- Chaman Gupta And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Srivastava 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 Staterespondents.
This petition for writ is before us to have a direction to quash the FIR dated 18.8.2017 bearing Case Crime No.330 of 2017, pending investigation at Police Station Sumerpur, District Hamirpur for the offences punishable under Sections 419, 420, 506 IPC.
Learned counsel for the petitioners submits that no case is made out against the petitioners for the offences referred in the FIR.
We have looked into the FIR that is challenged in this petition for writ. A bare perusal of the contents of the FIR discloses the commission of serious offences which are cognizable. Looking to definite accusation we are at all not inclined to interfere with the same while invoking powers under Article 226 of the Constitution of India.
However, looking to the merits of the case and the surrounding circumstances, we deem it appropriate to direct the Station House Officer, respondent no.2 not to arrest the petitioners 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 petitioners 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 an interim direction to prevent arrest of petitioners should be issued pending submission of police report under Section 173(2) CrPC.
Whether the impugned FIR disclosing serious offences warrants quashing under Article 226 of the Constitution.
1 provisions across 1 enactments
Chaman Gupta And 2 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
