Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7168 of 2018 Petitioner :- Arvind Kumar And 43 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kr. Singh Paliwal Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Neeraj Tiwari,J.
Heard Sri Santosh Kr. Singh Paliwal, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 24.02.2018 bearing Case Crime No. 89 of 2018 pending investigation at Police Station - Sarailakhansi, District - Mau pertaining to offence punishable under Sections 419, 420, 467, 468, 471 IPC.
Learned counsel for the petitioners submits that no case is made out against the petitioners for the offences referred in the first information report.
Having considered the facts stated in the first information report, we do not find any just reason to quash the first information report as that discloses commission of an offence cognizable.
However, looking to the nature of the case and other surrounding circumstances, we deem it appropriate to direct the respondent no. 2- Station House Officer not to arrest the petitioner nos. 1 to 44- Arvind Kumar, Ramapati Ram, Avinash Kumar Rai, Musafir Ram, Nirmala Singh, Sunita Gupta, Rajesh Ram, Mellu Ram, Upendra Nath Yadav, Jiyut Ram, Lal Bihari, Pallawi Singh, Satish Chand, Kanhaiya Lal, Kamla, Jarawati, Sangeeta Yadav, Saroj Pandey, Lal Chand, Rajnish Upadhyaya, Shri Ram Prasad, Manoj Kumar Rai, Lachhiram, Badri Nath, Kamruddin, Ram Prasad Ram, Shekh Sallu, Ashok Kumar, Ashwani Kumar Ranjan, Lalita Gautam, Sambhu Nath Singh, Ram Saran, Satyawan Singh, Sakhraj Yadav, Lakhraj Yadav, Raj Mati Yadav, Moti Chand Ram, Virendra Ram, Anita Singh, Anupriya Rai, Musafir Ram, Ram Nath, Amit Kumar Singh, Om Prakash Bharti in relation to first information report referred to above till submission of the police report under Section 173 (2) of the Code of Criminal Procedure. Petitioners shall cooperate in the investigation.
The writ petition stands disposed of accordingly.
Order Date :- 23.3.2018 Rameez .
(Neeraj Tiwari,J.) (Govind Mathur,J.)