Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4690 of 2018 Petitioner :- Ajeet Sachan And Another Respondent :- State Of U.P. Through Secretary (Home) And 2 Others Counsel for Petitioner :- Shiv Shankar Sachan Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard Sri Saurabh Sachan, learned counsel for the petitioners, Sri Devesh Vikram, learned counsel for respondent no.3 and learned AGA for the respondents-State and perused the record.
The petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 16.12.2017 bearing Case Crime No.738 of 2017 pending investigation at Police Station Robertsganj, District Sonbhadra pertaining to offence punishable under Sections 376, 506, 419, 420 IPC.
Learned counsel for the petitioner submits that no case is made out against the petitioner for the offences referred in the first information report.
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 petitioners Ajeet Sachan and Manoj Kumar Sachan 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. Petitioners shall cooperate in the investigation.
The writ petition is disposed of accordingly.
Order Date :- 26.2.2018 RPS [Ashok Kumar, J.] [Vikram Nath, J.]