Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4000 of 2018 Petitioner :- Durgesh Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Pandey 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.
By an order dated 19th February, 2018 the Court had acquainted the learned AGA to obtain instructions in the matter. Today Sri Gurav Pratap Singh, learned brief holder appearing for the State placed the instructions before us whereupon the matter may be disposed of, in the meantime the investigation may continue.
This petition for writ is before us with a prayer to quash the first information report dated 06.01.2018 bearing Case Crime No. 02 of 2018 pending investigation at Police Station Rajapur, District Chitrakoot pertaining to the offences under Sections 419, 420, 467 and 468 of Indian Penal Code.
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 the respondent Station House Officer, Police Station Rajapur, District Chitrakoot not to arrest the petitioners namely Durgesh Singh and Surendra Singh 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 petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 26.2.2018 SK Srivastava .
(Ashok Kumar,J.) (Vikram Nath,J.)