The court dismissed the petition to quash the FIR sections alleging cognizable offences. While refusing to quash the report, the court directed no arrest of petitioners until the police report under Section 173(2) Cr.P.C. is filed.
No arrest against petitioners until police report filed under Section 173(2) Cr.P.C.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7300 of 2018
Petitioner :- Suman Devi And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- A.C.Tiwari(Ac) Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 11.03.2018 bearing Case Crime No. 0057 of 2018 pending investigation at Police Station Kotwali, District Kanpur Nagar pertaining to the offences under Sections 420, 467, 468, 471 and 506 of Indian Penal Code.
Learned counsel for the petitioners submits that no case is made out against the petitioners 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 Kotwali, District Kanpur Nagar not to arrest the petitioners namely Suman Devi and Ajai Beer Singh 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 petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 27.3.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the first information report should be quashed under Article 226 of the Constitution.
Whether the petitioners should be arrested pending filing of police report.
2 provisions across 2 enactments
Suman Devi
Ajai Beer Singh
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
