Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4875 of 2018 Petitioner :- Asha Devi And 4 Others Respondent :- State Of U.P. Through Its Secretary Home Affairs Govt. Of U.P. Lucknow And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastav Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,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 19.01.2018 bearing Case Crime No. 50 of 2018 pending investigation at Police Station Etmaddaula, District Agra pertaining to the offences under Sections 420, 467, 468, 471 IPC.
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 Etmaddaula, District Agra not to arrest the petitioners namely Asha Devi, Rakesh Kumar, Dinesh Kumar, Rajesh Yadav and Saurabh, in the case referred above, till filing of the police report as per the provision of Section 173(2) of the Code of Criminal Procedure, 1973. The petitioners shall co-operate the investigating agency during the course of investigation.
The writ petition stands disposed off accordingly.
Order Date :- 27.2.2018 Arnima (Ashok Kumar, J.) (Vikram Nath, J.)