Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4754 of 2018 Petitioner :- Bhura And Another Respondent :- State Of U.P Through Its Secretary (Home) U.P Lucknow And 2 Others Counsel for Petitioner :- Mithilesh Kumar Shukla,A/A1595,Avanish Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State-respondents.
This petition for writ is before us to have a direction to quash the FIR bearing Case Crime No.55 of 2018, pending investigation at Police Station Shamshabad, District Agra for the offences punishable under Sections 147, 148, 149, 307, 504, 506 IPC.
Learned counsel for the petitioners submits that no case is made out against the petitioners for the offences referred in the FIR.
We have looked into the FIR that is challenged in this petition for writ. A bare perusal of the contents of the FIR discloses the commission of serious offences which are cognizable. Looking to definite accusation we are at all not inclined to interfere with the same while invoking powers under Article 226 of the Constitution of India.
However, looking to the merits of the case and the surrounding circumstances, we deem it appropriate to direct the Station House Officer, respondent No.2 not to arrest the petitioners Bhura and Kalu in relation to FIR, referred to above, till submission of the police report under the provisions of Section 173 (2) of the Code of Criminal Procedure. The petitioners shall cooperate the investigating agency during the course of investigation.
Petition stands disposed of as above.
Order Date :- 26.2.2018 SK Srivastava .
(Ashok Kumar,J.) (Vikram Nath,J.)