Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 6157 of 2018 Petitioner :- Dinesh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Garun Pal Singh,Vikas Sharma Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Ref:- (Criminal Misc. Correction Application No. 2 of 2018).
This application is preferred to have correction in the order dated 14th March, 2018. It is stated that the Court has stayed the arrest of the petitioners except the petitioner no. 1 but in the order aforesaid the reference of petitioner no. 4 Guddu has not been given.
We have looked into the impugned record and found that the case of the petitioner no. 4 is similar to the case of the petitioner no. 2 Omveer Singh, petitioner no. 3 Dharamveer Singh and petitioner no. 5 Chintu. It is also in our specific memory that the arrest of all the accused persons except petitioner no. 1 were stayed. Accordingly the application is allowed. The order is recalled as under:-
"Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 04.03.2018 bearing Case Crime No.170 of 2018 pending investigation at Police Station Raya, District Mathura for the offence under Sections 147, 323, 354, 452, 504, 506 IPC.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioners for the offence referred in the FIR.
From perusal of the averment contained in the First Information Report, it reveals that prima facie there is sufficient material to have investigation for cognizable offence and as such we are not inclined to quash the First Information Report.
However, looking to the nature of allegations and also surrounding circumstances, we deem it appropriate to direct the Station House Officer, Police Station Raya, District Mathura not to arrest the Petitioner No.2 Omveer Singh, Petitioner No.3 Dharamveer Singh, Petitioner No.4 Guddu and Petitioner No.5 Chintu, in the case referred above, till filing of the police report as per the provision of Section 173(2) of the Code of Criminal Procedure, 1973. The petitioners shall co- operate the investigating agency in relation to the investigation in process.
So far as petitioner no.1 Dinesh is concerned, the writ petition is dismissed.
With the aforesaid observation, the writ petition stands disposed of accordingly."
A fresh corrected certified copy of this order be supplied to the learned counsel for the petitioners.
Order Date :- 27.3.2018 SK Srivastava .
(Ashok Kumar,J.) (Govind Mathur,J.)