This criminal writ petition sought to quash an FIR involving offences under IPC and SC/ST Act. The court declined to quash the FIR but directed acquittal of petitioners from arrest until the filing of the police report under Section 173(2) CrPC.
Directed police not to arrest petitioners till the filing of the police report.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 5237 of 2018
Petitioner :- Jhinkan And 8 Ors. Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Agrawal 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 State.
This petition for writ is before us to quash the First Information Report dated 09.02.2018 bearing Case Crime No.37 of 2018 pending investigation at Police Station Mahuli, District Sant Kabir Nagar for the offence under Sections 147, 323, 504 IPC and 3(1) (d) & 3(1) (dh) of SC/ST Act.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioners for the offence referred in the FIR.
From perusal of the averment contained in the First Information Report, it reveals that prima facie there is sufficient material to have investigation for cognizable offence and as such we are not inclined to quash the First Information Report.
However, looking to the nature of allegations and also surrounding circumstances, we deem it appropriate to direct the Station House Officer, Police Station Mahuli, District Sant Kabir Nagar not to arrest the petitioners namely Jhinkan, Shiv Prasad, Chandra Bhan, Ram Prasad, Chandra Kan, Chandra Shekhar, Devendra, Jitendra and Dhirendra , in the case referred above, till filing of the police report as per the provision of Section 173(2) of the Code of Criminal Procedure, 1973. The petitioners shall co-operate the investigating agency in relation to the investigation in process.
The writ petition stands disposed of accordingly.
Order Date :- 6.3.2018 A.Kr.*
[Ashok Kumar, J.] [Govind Mathur, J.]
2 issues framed by the court
Whether to quash the FIR under Sections 147, 323, 504 IPC and 3(1)(d)&(dh) of SC/ST Act.
Whether to direct non-arrest of petitioners till filing of police report.
1 provisions across 1 enactments
Jhinkan And 8 Ors.
State Of U.P. And 3 Others
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
