Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 19266 of 2018 Petitioner :- B.P Tiwari @ Pintu Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Subedar Mishra,Manish Tiwary Counsel for Respondent :- G.A.,Deepak Kumar
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
Heard Sri Subedar Mishra, learned counsel for the petitioner, learned AGA for the respondents-State, Sri Deepak Kumar, learned counsel for respondent no. 3 and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 568 of 2018 pending investigation at Police Station Colonelganj, District Allahabad pertaining to offence punishable under Sections 354(kh) and 506 IPC.
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, on going through the facts stated in the first information report and also in the petition for writ, we are inclined to stay arrest of the petitioner as by different orders arrest of Rt. Rev. Peter Baldev, Rev. Rajesh A.K. Joseph, Rev. Shashi Prakash has already been stayed. It is further relevant to notice that the incident in question is dated 11.02.2018 and, at the first instance, a complaint was submitted to the Chief Minister of the State of Uttar Pradesh on 16.02.2018.
No reason is available as to why the complainant did not chose to file a first information report at Police Station concerned or even chose to submit a complaint to the Chief Minister after a lapse of 5 days.
Accordingly, respondent No. 2-Station House Officer, Police Station Colonelganj, District Allahabad is directed not to arrest the petitioner-B.P. Tiwari @ Pintu Tiwari 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 the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 26.7.2018 Shubham .
(Chandra Dhari Singh, J.) (Govind Mathur, J.)