Indal Ram and Anr. Vs State of U.P. and 3 Ors.

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 723 of 2018

Petitioner :- Indal Ram And Anr. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Manish Chandra Tiwari,Anil Kumar Chaudhary Counsel for Respondent :- G.A.,Sanjay Ram Tripathi

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Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.

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Heard learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.

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This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report dated 24.11.2017 bearing Case Crime No. 0529 of 2017 pending investigation at Police Station - Sarai Lakhansi, District - Mau pertaining to offence punishable under Sections 419, 420, 406 IPC.

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Learned counsel for the petitioners submits that no case is made out against the petitioners for the offence referred in the first information report.

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Having considered the facts stated in the first information report, we do not find any just reason to quash the first information report as that discloses commission of an offence cognizable.

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However, looking to the nature of the case and other surrounding circumstances, we deem it appropriate to direct the respondent no. 3 Station House Officer not to arrest the petitioners in relation to first information report referred to above till submission of the police report under Section 173 (2) of the Code of Criminal Procedure. Petitioners shall cooperate in the investigation.

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The writ petition stands disposed of accordingly.

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Order Date :- 12.1.2018 Rameez

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(Ashok Kumar,J.) (Govind Mathur,J.)

Indal Ram and Anr. v. State of U.P. and 3 Ors.

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Indal Ram and Anr. v. State of U.P. and 3 Ors.

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