Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 6699 of 2018 Petitioner :- Krishna Mishra And 2 Others Respondent :- State Of U.P. And 2 Otheres Counsel for Petitioner :- Deepak Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Supplementary affidavit has been filed today in Court and the same is taken on record.
Heard Sri Deepak Kumar Tripathi, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 11.03.2018 bearing Case Crime No. 0212 of 2018 pending investigation at Police Station - Khalilabad, District - Sant Kabir Nagar pertaining to offence punishable under Sections 308, 323, 504, 324 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.
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- Krishna Mishra, Raj Kishor, Raj Kamal 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 stands disposed of accordingly.
Order Date :- 30.3.2018 Rameez .
(Ashok Kumar,J.) (Govind Mathur,J.)