Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7822 of 2018 Petitioner :- Jitendra Kumar @ Nandu Pasi Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
An application is preferred to have certain necessary corrections in the petition for writ.
The application for the reasons mentioned therein is allowed. Counsel for the petitioner is permitted to make necessary corrections in the petition for writ. The corrections have been made by learned counsel for the petitioner before us.
This petition for writ is before us to quash the First Information Report dated 16.03.2018 bearing Case Crime No.212 of 2018 pending investigation at Police Station Soraon, District Allahabad for the offence under Sections 452, 354, 506 IPC.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioner 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 Soraon, District Allahabad not to arrest the petitioner Jitendra Kumar @ Nandu Pasi, 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 petitioner 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.]