Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7789 of 2018 Petitioner :- Ashu @ Aas Mohammad Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,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 bearing Case Crime No. 130 of 2018 pending investigation at Police Station Shahpur, District Muzaffar Nagar pertaining to the offences under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
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 Shahpur, District Muzaffar Nagar not to arrest the petitioner- Ashu @ Aas Mohammad 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 petitioner shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 30.3.2018 SK Srivastava .
(Ashok Kumar,J.) (Govind Mathur,J.)