Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4861 of 2018 Petitioner :- Abid And Another Respondent :- State Of U.P Through Secretary And 03 Others Counsel for Petitioner :- Raja Ullah Khan Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This petition for writ is before us with a prayer to quash the First Information Report dated 15.1.2018 bearing Case Crime No. 0032 of 2018 pending investigation at Police Station Nigohi, District Shahjahanpur pertaining to the offences under Sections 323, 504 I.P.C. and 3(1)(Gha) SC/ST Act.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioners for the offences referred in the present F.I.R.
We have looked into the contents of the First Information Report. The averments contained therein disclose commission of offence cognizable and therefore, at this stage, we are not inclined to quash the First Information Report.
However, looking to all the facts of the case and other surrounding circumstances, we deem it appropriate to direct the Station House Officer, P.S. Nigohi, District Shahjahanpur not to arrest the petitioners namely Abid and Iqbal in Case Crime No.0032 of 2018 pending investigation at Police Station Nigohi, District Shahjahanpur pertaining to the offences under Sections 323, 504 I.P.C. and 3(1)(Gha) SC/ST Act till filing of the police report as per provisions of Section 173(2) Cr.P.C. before the Court competent. The said petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition, with the observation above, stands disposed of.
Order Date :- 27.2.2018 S.S.
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(Ashok Kumar, J.) (Vikram Nath, J.)