Single-judge court dismissed the petition to quash the FIR under Sections 307 and 504 IPC but directed the SHO not to arrest the petitioner until the police report under Section 173(2) Cr.P.C. is filed.
Direction to SHO not to arrest petitioner till filing of police report under Section 173(2) Cr.P.C.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4779 of 2018
Petitioner :- Pankaj Yadav Respondent :- State Of U.P. And 3 Othres Counsel for Petitioner :- Dharmendra Kumar Singh,Avanish Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 10.12.2017 bearing Case Crime No. 1166 of 2017 pending investigation at Police Station New Agra, District Agra pertaining to the offences under Sections 307 and 504 of Indian Penal Code.
Learned counsel for the petitioner submits that no case is made out against the petitioner 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 the respondent Station House Officer, Police Station New Agra, District Agra not to arrest the petitioner- Pankaj Yadav 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 petitioner shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 26.2.2018 SK Srivastava
(Ashok Kumar,J.) (Vikram Nath,J.)
2 issues framed by the court
Whether there is any just reason to quash the First Information Report cognizable cases.
Whether the petitioner should be arrested during the investigation period.
Pankaj Yadav
State Of U.P.
Vikram Nath
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
