The court rejected the prayer to quash the F.I.R. due to the cognizable nature of the offences. However, it directed the SHO not to arrest the petitioner until the police completes investigation under Section 173(2) Cr.P.C.
Directed the SHO not to arrest the petitioner till filing of 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. - 4812 of 2018
Petitioner :- Isha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kr. Singh Paliwal 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 10.02.2018 bearing Case Crime No.27 of 2018 pending investigation at Police Station Rani Ki Sarai, District Azamgarh pertaining to the offences under Sections 419, 420 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 Rani Ki Sarai, District Azamgarh not to arrest the petitioner namely Isha 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 RPS
[Ashok Kumar, J.] [Vikram Nath, J.]
2 issues framed by the court
Whether there is any just reason to quash the first information report on charges of cheating and dishonestly inducing delivery of property.
Whether the petitioner should be directed not to be arrested during investigation prior to the filing of the police report.
2 provisions across 2 enactments
Isha
State Of U.P.
2 Others
Vikram Nath
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
