Lal Mohammad Vs State of U.P. and 2 Others

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Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 736 of 2018 Petitioner :- Lal Mohammad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Faiz Counsel for Respondent :- G.A.

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

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Heard Sri Mohd. Faiz, learned counsel for the petitioner, 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 bearing Case Crime No. 1031 of 2017 pending investigation at Police Station Izzat Nagar, District Bareilly pertaining to offence punishable under Sections 452, 323, 504, 506, 376 IPC.

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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.

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A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.

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In view of it, we do not find any just reason to quash the first information report impugned. However, having considered the averments contained in the petition for writ and the statement of the prosecutrix recorded as per provisions of Section 164 Cr.P.C., we deem it appropriate to direct respondent No. 2-Station House Officer, Police Station Izzat Nagar, District Bareilly not to arrest the petitioner- Lal Mohammad 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.

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The writ petition stands disposed of accordingly.

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Order Date :- 2.2.2018/Shubham

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

Lal Mohammad v. State of U.P. and 2 Others

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Lal Mohammad v. State of U.P. and 2 Others

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