Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7424 of 2018 Petitioner :- Avdhesh Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Mishra,Satyvrat Tripathi Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard 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 14.03.2018 bearing Case Crime No. 169 of 2018 pending investigation at Police Station - Karvi Kotwali Nagar, District - Chitrakoot pertaining to offence punishable under Sections 354, 452, 323, 504, 506 IPC.
Learned counsel for the petitioners submits that the first information report is highly belated and the complaint under Section 156 (3) Cr.P.C. was also not filed immediately, after alleged denial of registration of the case.
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- Inspector Karvi Kotwali Nagar Chitrakoot not to arrest the petitioners- Avdhesh Kumar, Komal 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 :- 27.3.2018 Rameez .
(Ashok Kumar,J.) (Govind Mathur,J.)