Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4914 of 2018 Petitioner :- Harveer Parihar And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sujan Singh Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners, Shri Rajiv Lochan Shukla, learned counsel for the respondent No.4 and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 11.11.2017 bearing Case Crime No. 1273 pending investigation at Police Station Sikandara, District Agra pertaining to the offences under Sections 419, 420, 467, 468, 471 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.
We have looked into the FIR that is challenged in this petition for writ. A bare perusal of the contents of the FIR discloses the commission of serious offences which are cognizable. Looking to definite accusation we are at all not inclined to interfere with the same while invoking powers under Article 226 of the Constitution of India.
So far as the stay of arrest of petitioner Nos. 1 and 2, namely Harveer Parihar and Surendra Pal Singh is concerned, we would like to state that definite allegations are made against them. In view of it, petitioner Nos. 1 and 2 are certainly required for investigation in the matter. Writ Petition on their behalf is dismissed in entirety.
However, looking to the merits of the case and the surrounding circumstances, we deem it appropriate to direct the Station House Officer, Police Station Sikandara, District Agra not to arrest the remaining petitioner No. 3 namely Urmila in relation to FIR, referred to above, till submission of the police report under the provisions of Section 173(2) of the Code of Criminal Procedure. The petitioners shall co-operate with the investigating agency during the course of investigation.
The Writ Petition to the extent of petitioner No.3 is disposed off.
Order Date :- 27.2.2018 Arnima [Ashok Kumar, J.] [Vikram Nath, J.]