Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4489 of 2018 Petitioner :- Chhitar Prasad And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Yadav Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard Sri Manish Yadav, learned counsel for the petitioners, learned A.G.A for the respondents-State 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. 1198 of 2017 pending investigation at Police Station New Agra, District Agra pertaining to offence punishable under Sections 147, 323, 504, 354 IPC.
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 respondent No.2-Station House Officer, Police Station New Agra District Agra not to arrest the petitioners-Chhitar Prasad, Gauri, Ashish, Pushpendra and Devraj 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 :- 22.2.2018 Sumit S .
(Rajiv Lochan Mehrotra, J.) (Govind Mathur, J.)