Criminal Misc. Writ Petition filed for quashing of F.I.R. involving offences under IPC 379, 411 and Mines Act. Court found FIR had sufficient material but granted direction not to arrest petitioner till filing of police report.
Directed SHO not to arrest petitioner till filing of police report under Section 173(2) CrPC.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 83 of 2018
Petitioner :- Nanku Mallah Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jagadeesh Narayan Dwivedi Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
This petition for writ is before us with a prayer to quash the first information report dated 13.11.2017 bearing Case Crime No. 0418 of 2017 pending investigation at Police Station Gopiganj, District Bhadohi for the offences under Sections 379 and 411 of I.P.C. and Section 21(4) of Mines and Mineral (Development and Regulation) Act, 1957.
As per learned counsel the entire case is based on false and concocted facts as such the first information report deserves to be quashed. On perusal of F.I.R. we are satisfied that sufficient material available to proceed against the petitioner for investigation pertaining to the offences concerned. However, looking to the nature of dispute and other surrounding facts, we deem it appropriate to direct the Station House Officer Police Station Gopiganj, District Bhadohi not to arrest the petitioner in relation to Case Crime No. 418 of 2017 till filing of the police report as per provision of Sub-section 2 of Section 173 of Code of Criminal Procedure.
The writ petition, with the direction above, stands disposed of.
Order Date :- 5.1.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether a First Information Report based on false facts deserves to be quashed under Article 226 read with Section 482 of CrPC.
Nanku Mallah
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
