The court declined to quash an FIR for cheating and forgery but directed that the petitioner not be arrested pending the submission of the police report under Section 173(2) CrPC.
Non-arrest of the petitioner directed pending filing of the police report under Section 173(2) CrPC.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 600 of 2018
Petitioner :- Bhajan Singh @ Har Bhajan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Varun Dev Sharma Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,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 to quash the First Information Report dated 01.11.2017 bearing Case Crime No.649 of 2017 pending investigation at Police Station Nakud, District Saharanpur for the offence under Sections 420, 467, 468, 471 IPC.
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 petitioner for the offence referred in FIR.
From perusal of the averment contained in the First Information Report, it reveals that prima face there is sufficient material to have investigation for cognizable office 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 respondent no.3, Station House Officer, Police Station Nakud, District Saharanpur not to arrest the petitioner, 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 petitioner shall cooperate the investigating officer in relation to the investigation in process.
The writ petition stands disposed of accordingly.
Order Date :- 11.1.2018 A.Kr.*
[Ashok Kumar, J.] [Govind Mathur, J.]
1 issue framed by the court
Whether the FIR should be quashed or the arrest of the petitioner should be stayed pending submission of the police report.
1 provisions across 1 enactments
Bhajan Singh @ Har Bhajan Singh
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
