Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31062 of 2018 Petitioner :- Ashutosh @ Ashutosh Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jayant Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
The petitioner for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 20.12.2017 bearing case crime No. 1509 of 2017 pending investigation at Police Station Lanka, District Varanasi to offence punishable under Section 147, 148 353, 332, 386, 504, 506 I.P.C.
Learned counsel for the petitioner submits that no case is made out against the petitioner 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. 3 Station House Officer not to arrest the petitioner Ashutosh @ Ashutosh Tripathi 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. Petitioner shall cooperate in the investigation.
The writ petition is disposed of accordingly.
Order Date :- 30.10.2018 C. MANI