The High Court dismissed the petition to quash the FIR but restrained the police from arresting the petitioner until the submission of the police report under Section 173(2) Cr.P.C.
Directions to SHO not to arrest petitioner till filing of police report under Cr.P.C. Sec. 173(2).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 6958 of 2018 Petitioner :- Harimohan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashok Shankar Bhatnagar Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Ashok Shankar Bhatnagar, 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. 0060 of 2018 pending investigation at Police Station Jakhora, District Lalitpur pertaining to offence punishable under Sections 120B, 409, 406, 420, 467, 468, 471 and 506 IPC.
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 Jakhora, District Lalitpur not to arrest the petitioner- Harimohan 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 :- 22.3.2018 Shubham
(Ashok Kumar,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether there is any just reason to quash the first information report given that a case is made out against the petitioner.
2 provisions across 2 enactments
Harimohan
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
