Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4959 of 2018 Petitioner :- Amar Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- G.A.,Rajesh Dutta Pandey Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners, Sri Rajesh Dutta Pandey, learned counsel appearing for the complainant and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 24.01.2018 bearing Case Crime No.35 of 2018 pending investigation at Police Station Goverdhan, District Mathura for the offence under Sections 147, 148, 323, 332, 353, 336, 427 IPC.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioners for the offence referred in the FIR.
From perusal of the averment contained in the First Information Report, it reveals that prima facie there is sufficient material to have investigation for cognizable offence and as such we are not inclined to quash the First Information Report.
However, looking to the nature of allegations and also surrounding circumstances, we deem it appropriate to direct the Station House Officer, Police Station Goverdhan, District Mathura not to arrest the petitioner no.4 Smt. Subhadra, in the case referred above, till filing of the police report as per the provision of Section 173(2) of the Code of Criminal Procedure, 1973. The petitioner shall co-operate the investigating agency in relation to the investigation in process.
So far as petitioner no.1 Amar Singh, petitioner no.2 Lakhan and petitioner no.3 Nawab are concerned, the petition is dismissed.
With the observations above, the writ petition stands disposed of accordingly.
Order Date :- 27.2.2018 A.Kr.*
[Ashok Kumar, J.] [Vikram Nath, J.]