Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 5184 of 2018 Petitioner :- Ajay Dwivedi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nitin Gupta 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 01.02.2018 bearing Case Crime No. 21 of 2018 pending investigation at Police Station-Shankargarh, District-Allahabad pertaining to the offences under Sections 419/420 of Indian Penal Code.
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- Shankargarh, District-Allahabad not to arrest the petitioners namely Ajay Dwivedi and Praveen Kumar Mathur 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 petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 28.2.2018 Ashutosh (Ashok Kumar,J.) (Vikram Nath,J.)