Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4526 of 2018 Petitioner :- Akansha Dubey @ Akansha Dwivedi And 3 Others Respondent :- State Of U.P. Through Secretary (Home) And 3 Others Counsel for Petitioner :- Adya Prasad Tewari,Akhil Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the petitioners and learned AGA for the State- respondents.
This petition for writ is before us to have a direction to quash the FIR dated 20.11.2017 bearing Case Crime No.488 of 2017, pending investigation at Police Station Khuldabad, District Allahabad for the offences punishable under Sections 379, 406 IPC.
Learned counsel for the petitioners submits that no case is made out against the petitioners for the offences referred in the FIR.
We have looked into the FIR that is challenged in this petition for writ. A bare perusal of the contents of the FIR discloses the commission of serious offences which are cognizable. Looking to definite accusation we are at all not inclined to interfere with the same while invoking powers under Article 226 of the Constitution of India.
However, looking to the merits of the case and the surrounding circumstances, we deem it appropriate to direct the Station House Officer, respondent no.3 not to arrest the petitioners Smt. Akansha Dubey @ Akansha Dwivedi, Jagdish Chandra Dwivedi, Abhisek Dwivedi and Abhinav Dubey @ Abhinav Dwivedi in relation to FIR, referred to above, till submission of the police report under the provisions of Section 173 (2) of the Code of Criminal Procedure. The petitioners shall cooperate the investigating agency during the course of investigation.
Petition stands disposed of as above.
Order Date :- 23.2.2018 pk (Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)