Ram Shiyam Vs State of U.P. and 2 Others

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 73 of 2018

Petitioner :- Ram Shiyam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manju Savita Counsel for Respondent :- G.A.

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

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This petition for writ is before us with a prayer to quash the First Information Report dated 21.03.2016 bearing Case Crime No. 160 of 2016 pending investigation at Police Station Kotwali Jalaun, District Jalaun for the offence under Sections 392, 364, 323 IPC.

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The submission of learned counsel for the petitioner is that police report as per the provision of Section 173(2) Cr.P.C. has already been filed before the court competent against two accused persons but investigation has been kept pending against the present petitioner. The petitioner is apprehending his arrest in the present case. It is further submitted that the facts disclosed in the First Information Report are not sufficient to make out any case for the offence under Section 392, 364 and 323 IPC.

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A bare perusal of the First Information Report discloses the facts which are sufficient to proceed with the investigation pertaining to alleged cognizable offence, and as such, we are not inclined to quash the First Information Report. However, the fact existing and the other surrounding incident demands to direct the respondent no.2, Station House Officer, Police Station Kotwali Jalaun, District Jalaun not to arrest the petitioner.

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Accordingly, the writ petition is disposed of by directing the Station House Officer, Police Station Kotwali Jalaun, District Jalaun not to arrest the petitioner in relation to case referred above till completion of the investigation and final of supplementary charge sheet against the petitioner as per the provision of Section 173 (2) Cr.P.C.

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Order Date :- 4.1.2018 A.Kr.*

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[Ashok Kumar, J.] [Govind Mathur, J.]

Ram Shiyam v. State of U.P. and 2 Others

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Ram Shiyam v. State of U.P. and 2 Others

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