Court rejected petition to quash FIR but directed non-arrest of petitioner pending completion of investigation under Section 173(2) CrPC, and tookкварти.
Directed not to arrest petitioner till filing of police report under Section 173(2) CrPC; otherwise remained same.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 6444 of 2018 Petitioner :- Wasi Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Sri Amit Daga, Advocate has filed his Vakalatnama on behalf of the respondent no.3 is taken on record.
Heard learned counsel for the petitioners, learned counsel appearing on behalf of respondent no.3 and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 12.01.2018 bearing Case Crime No.64 of 2018 pending investigation at Police Station Baradari, District Bareilly for the offence under Sections 420, 467, 468, 471, 506 IPC.
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 Baradari, District Bareilly not to arrest the petitioners namely Wasi Ahmad , 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 :- 20.3.2018 A.Kr.*
[Ashok Kumar, J.] [Govind Mathur, J.]
1 issue framed by the court
Whether the First Information Report should be quashed or the petitioner arrested pending the filing of the police report.
Wasi Ahmad
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
