The court dismissed the writ petition to quash the FIR but restrained the police from arresting the petitioner pending the filing of the police report under Cr.P.C. 173(2).
Directive to respondent not to arrest the petitioner till the filing of the police report under Section 173(2) Cr.P.C.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 6916 of 2018 Petitioner :- Harish Bangla Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Rama Shankar Mishra Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Rama Shankar Mishra, learned counsel for the petitioner, 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. 1260 of 2017 pending investigation at Police Station Kotwali, District Etah pertaining to offence punishable under Sections 147, 148, 452, 420, 406, 504, 506 I.P.C.
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 respondent No. 2-Station House Officer, Police Station Kotwali, District Etah not to arrest the petitioner- Harish Bangla 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 the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 21.3.2018 Shubham
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the first information report should be quashed.
Whether the petitioner should be arrested pending the filing of the police report.
2 provisions across 2 enactments
Harish Bangla
State Of U P
Station House Officer, Police Station Kotwali, District Etah
Govind Mathur
Ashok Kumar
As recorded by the court registry
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