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Ikram And Others vs State Of U P And Others

High Court Of Judicature at Allahabad|30 March, 2018
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JUDGMENT / ORDER

Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7814 of 2018 Petitioner :- Ikram And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Mishra Counsel for Respondent :- G.A.,Chandan Agarwal
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners, Sri Gauri Shankar Yadav, learned counsel appearing on behalf of the respondent- Electricity Department and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 21.03.2018 bearing Case Crime No.338 of 2018 pending investigation at Police Station Vijay Nagar, District Ghaziabad for the offence under Section 135-1(a) Electricity Act, 2003.
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 Vijay Nagar, District Ghaziabad not to arrest the petitioners namely Ikram, Afzal, Aftab, Naseem and Danish Khan, 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.
The writ petition stands disposed of accordingly.
Order Date :- 30.3.2018 A.Kr.* [Ashok Kumar, J.] [Govind Mathur, J.]
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Title

Ikram And Others vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 March, 2018
Judges
  • Govind Mathur
Advocates
  • Sanjay Mishra