The court rejected a prayer to quash the FIR but directed the police not to arrest the petitioner until the filing of the police report under Section 173(2) Cr.P.C.
Direction not to arrest the petitioner till the filing of the police report under Section 173(2) Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4719 of 2018
Petitioner :- Jerald P. Dsouza Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vibhu Rai,Anoop Trivedi Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition for writ is before us with a prayer to quash the First Information Report dated 16.2.2018 bearing Case Crime No. 0174 of 2018 pending investigation at Police Station Dhoomanganj, District Allahabad pertaining to the offences under Sections 419 and 420 IPC read with section 7 and 10 of the Public Examinations Act, 1988.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioner for the offences referred in the present F.I.R.
We have looked into the contents of the First Information Report. The averments contained therein disclose commission of offence cognizable and therefore, at this stage, we are not inclined to quash the First Information Report.
However, looking to all the facts of the case and other surrounding circumstances, we deem it appropriate to direct the Station House Officer, P.S. Dhoomanganj, District Allahabad not to arrest the petitioner Jerald P. Dsouza in the case referred above, till filing of the police report as per provisions of Section 173(2) Cr.P.C. before the Court competent. The petitioner shall cooperate with the investigating agency during course of investigation.
The writ petition, with the observation above, stands disposed of.
Order Date :- 6.3.2018 S.S.
(Ashok Kumar, J.) (Govind Mathur, J.)
2 issues framed by the court
Whether the First Information Report should be quashed in light of false implication allegations.
Whether directions should be issued to the police to avoid arrest of the petitioner pending the filing of the police report.
3 provisions across 3 enactments
Jerald P. Dsouza
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
