Criminal Misc. Writ Petition seeking quashing of FIR under IPC. Court refused to quash FIR but directed investigation agency not to arrest petitioner until filing of charge sheet under Section 173(2) Cr.P.C.
Quashing of FIR rejected; direction given for non-arrest of petitioner till filing of police report.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 6910 of 2018
Petitioner :- Karan @ Pintu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Jaiswal,Abhishek 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 with a prayer to quash the first information report dated 17.01.2018 bearing Case Crime No. 0039 of 2018 pending investigation at Police Station Khorabar, District Gorakhpur pertaining to the offences under Sections 323, 504, 506 and 452 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 Khorabar, District Gorakhpur not to arrest the petitioner- Karan @ Pintu 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 :- 21.3.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the first information report must be quashed as no case made out against the petitioner.
Whether to direct non-arrest of the petitioner till filing of police report under Section 173(2) Cr.P.C.
2 provisions across 2 enactments
Karan @ Pintu
State Of U.P.
Ashok Kumar
Govind Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
