Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7810 of 2018 Petitioner :- Indrapal Singh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Arvind Kumar, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 0843 of 2017 pending investigation at Police Station Jalesar, District Etah pertaining to offence punishable under Sections 147, 148, 149, 452, 308, 323, 506, 427, 352 IPC.
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.
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.
So far as the stay of arrest of petitioner nos. 1, 2 and 3 is concerned, we would like to state that definite allegations are made against them. In view of it, petitioner nos. 1, 2 and 3 are certainly required for investigation in the matter. The writ petition on their behalf is dismissed in entirety.
However, looking to the nature of the case and other surrounding circumstances, we deem it appropriate to direct respondent No. 2-Station House Officer, Police Station Jalesar, District Etah not to arrest the petitioner nos. 4 and 5, namely, Rukmani and Yashoda 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 the Investigating Agency during course of investigation.
The petition to the extent of petitioner nos. 4 and 5 stands disposed of.
Order Date :- 30.3.2018 Shubham .
(Ashok Kumar,J.) (Govind Mathur,J.)