Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7769 of 2018 Petitioner :- Atik And 3 Others Respondent :- State Of U.P And 2 Others Counsel for Petitioner :- Arvind Kumar Dixit Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 02.10.2017 bearing Case Crime No. 0621 of 2017 pending investigation at Police Station Nakhasa, pertaining to the offences under Sections 147, 148, 149, 353, 336, 307, 332 of Indian Penal Code and Sections 31(A) and 7 of Criminal Law (Amendment) Act, 1934 and Sections 2/3 Prevention of Damages to the Public Property Act, 1984.
Learned counsel for the petitioners submits that no case is made out against the petitioners 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 Nakhasa, not to arrest the petitioners namely Atik, Nafees, Shaukat and Ashraf Husain 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 petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 29.3.2018 SK Srivastava .
(Ashok Kumar,J.) (Govind Mathur,J.)