Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4421 of 2018 Petitioner :- Jaris And 4 Others Respondent :- State Of U.P. Through Ministry Of Home Affairs, Govt. Of U.P. At Lucknow And 2 Others Counsel for Petitioner :- Sunil Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard Sri Sunil Kumar Tiwari, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
The petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 10.2.2018 bearing Case Crime No.40 of 2018 pending investigation at Police Station Behsuma, District Meerut pertaining to offence punishable under Sections 147, 148, 149, 307, 323 IPC.
Learned counsel for the petitioners submit 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.2 Station House Officer not to arrest the petitioners Jaris, Kalim, Naim, Wali Mohammad and Shahjad 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 is disposed of accordingly.
Order Date :- 22.2.2018 Bhaskar (Rajiv Lochan Mehrotra, J.) (Govind Mathur, J.)