Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 5252 of 2018 Petitioner :- Ajmeri Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Autar Verma Counsel for Respondent :- G.A.,Anurag Kumar Pandey
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, learned AGA for the State.
Although the name of Sri Anurg Ku8mar Pandey, Advocate is shown from the side of the complainant but even in the revised call he is not present.
This petition for writ is before us with a prayer to quash the first information report dated 12.02.2018 bearing Case Crime No.0047 of 2018 pending investigation at Police Station Sehra Mau South, District Shahjahanpur pertaining to the offences under Sections 2 & 3 of Prevention of Damage to Public Property Act, 1984 and sections 4 & 10 of the Indian Forest Act, 1927.
Learned counsel for the petitioner submits that no case is made out against the petitioner 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 Sehra Mau South, District Shahjahanpur not to arrest the petitioner namely Ajmeri 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 petitioner shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 28.2.2018 RPS [Ashok Kumar, J.] [Vikram Nath, J.]