Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4564 of 2018 Petitioner :- Aakash Chaudhari Respondent :- State Of U.P. Through Secretary U.P. Govt. Lucknow And 2 Others Counsel for Petitioner :- Daya Shanker Pandey Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Daya Shanker Pandey, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 08.02.2017 bearing Case Crime No. 217 of 2717 pending investigation at Police Station - Kavi Nagar, District - Ghaziabad pertaining to offence punishable under Section 307/34 IPC.
Learned counsel for the petitioner states that a coordinate Bench of this Court has already stayed the arrest of the co-accused- Danish whose case not at all distinguishable with the case of the present petitioner.
Having considered the facts stated in the first information report, we do not find any just reason to quash the first information report as that discloses commission of an offence cognizable.
However, looking to the nature of the case and other surrounding circumstances, we deem it appropriate to direct the respondent no.2- Station House Officer not to arrest the petitioner- Aakash Chaudhari in relation to first information report referred to above till submission of the police report under Section 173 (2) of the Code of Criminal Procedure. Petitioner shall cooperate in the investigation.
The writ petition stands disposed of accordingly.
Order Date :- 23.2.2018 Rameez .
(Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)