High Court bench declined to quash the FIR but directed non-arrest of petitioner till submission of police report under Section 173(2) Cr.P.C. Petitioner must cooperate with investigation.
Directed SHO Naini not to arrest petitioner Deepak Tiwari till submission of police report under Section 173(2) Cr.P.C.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4790 of 2018
Petitioner :- Deepak Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Shukla 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 20.03.2017 bearing Case Crime No. 262 of 2017 pending investigation at Police Station Naini, District Allahabad pertaining to the offences under Sections 354, 323, 504 and 506 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 Naini, District Allahabad not to arrest the petitioner- Deepak Tiwari 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.)
1 issue framed by the court
Whether there is any just reason to quash the first information report in a case involving offences under Sections 354, 323, 504 and 506 of the Indian Penal Code.
5 provisions across 2 enactments
Deepak Tiwari
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
