Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7863 of 2018 Petitioner :- Amar Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Pradeep Kumar, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 84 of 2018 pending investigation at Police Station Farenda, District Maharajganj pertaining to offence punishable under Sections 379, 411, 353, 186 IPC and Section 2/3 The Prevention of Damages to Public Property Act and Section 5/21(1) Mines and Minerals Act.
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 respondent No. 2-Station House Officer, Police Station Farenda, District Maharajganj not to arrest the petitioners-Amar Singh and Surendra Singh 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 the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 30.3.2018 Shubham .
(Ashok Kumar,J.) (Govind Mathur,J.)