Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4407 of 2018 Petitioner :- Firay And 3 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ashutosh Tripathi Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
At the thresh-hold, learned counsel for the petitioners submits that in prayer clause of the writ petition the name of the Police Station has not been given correctly. Necessary correction has been made by learned counsel for the petitioners in his own hand-writing.
Heard Sri Ashutosh Tripathi, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 09.10.2017 bearing Case Crime No. 0854 of 2017 pending investigation at Police Station - Tronica City, District - Ghaziabad pertaining to offence punishable under Sections 386, 506 IPC.
Learned counsel for the petitioners submits that no case is made out against the petitioners for the offences referred in the first information report.
Having considered the facts stated in the first information report, we do not find any just reason to quash the first information report as that discloses commission of an offence cognizable.
However, looking to the nature of the case and other surrounding circumstances, we deem it appropriate to direct the respondent no. 3- Station House Officer not to arrest the petitioners- Firay, Nitin, Rajeev, Dayachand in relation to first information report referred to above till submission of the police report under Section 173 (2) of the Code of Criminal Procedure. Petitioners shall cooperate in the investigation.
The writ petition stands disposed of accordingly.
Order Date :- 22.2.2018 Rameez .
(Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)