Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4705 of 2018 Petitioner :- Arshad Khan Respondent :- State Of U.P. Through Secretary Home Affairs U.P. Shasan Lucknow And 2 Others Counsel for Petitioner :- Sheetala Prasad Pandey Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 28.10.2017 bearing Case Crime No. 2467 of 2017 pending investigation at Police Station Khalilabad, District Sant Kabir Nagar pertaining to the offences under Sections 295A of the Indian Penal Code.
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 Khalilabad, District Sant Kabir Nagar not to arrest the petitioner namely Arshad Khan, 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 during the course of investigation.
The writ petition stands disposed off accordingly.
Order Date :- 26.2.2018 Arnima (Ashok Kumar, J.) (Vikram Nath, J.)