A petition under Article 226 sought quashing of an FIR. The High Court found grounds for investigation, refused to quash the FIR, and directed the SHO not to arrest the petitioners until the police report under Section 173 Cr.P.C. is filed.
Direction to SHO not to arrest petitioners until filing of police report under Section 173(2) Cr.P.C.
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Court No. - 29 Case :- CRIMINAL MISC. WRIT PETITION No. - 6659 of 2018 Petitioner :- Prem Pal And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijendra Kumar Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Brijendra Kumar, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 5277 of 2017 pending investigation at Police Station Sadar Bazar, District Shahjahanpur pertaining to offence punishable under Sections 147, 354(B), 323, 506 IPC.
Learned counsel for the petitioners submits that no case is made out against the petitioners 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 respondent No. 3-Station House Officer, Police Station Sadar Bazar, District Shahjahanpur not to arrest the petitioners- Prem Pal, Ram Lakhan, Shrawan, Natthu Lal, Gyan Devi, Arti Devi and Vindrawati 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 petitioners shall cooperate the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 20.3.2018 Shubham
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the first information report should be quashed.
Whether the petitioners should be arrested pending investigation.
Colour shows how this judgement treated each authority
State of Haryana v. Baldev SinghReferred¶4
State of Haryana v. Baldev Singh
2 provisions across 2 enactments
Prem Pal And 6 Others
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
