Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4809 of 2018 Petitioner :- Gabbar @ Pushpendra And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Kumar Mishra,Lok Nath Shukla Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners, learned AGA for the State and Sri Sachin Kannaujia, learned counsel for the complainant.
This petition for writ is before us with a prayer to quash the first information report dated 26.01.2018 bearing Case Crime No.75 of 2018 pending investigation at Police Station Noida Sector-49, District Gautam Budh Nagar pertaining to the offences under Sections 504, 323, 452 and 325 Indian Penal Code.
Learned counsel for the petitioners submits that no case is made out against the petitioner 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 Noida Sector-49, District Gautam Budh Nagar not to arrest the petitioners namely Gabbar @ Pushpendra, Sanjay, Rinku and Chatar Pal 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 with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 26.2.2018 RPS
[Ashok Kumar, J.] [Vikram Nath, J.]