Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4461 of 2018 Petitioner :- Lala Ram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jaysingh Yadav Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Supplementary affidavit on behalf of the petitioner has been filed today in Court and the same is taken on record.
Heard Sri Jaysingh Yadav, learned counsel for the petitioner, 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. 0008 of 2018 pending investigation at Police Station Jakhaura, District Lalitpur pertaining to offence punishable under Sections 449, 376-D IPC.
Learned counsel for the petitioner submits that no case is made out against the petitioner with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct respondent No. 3-Station House Officer, Police Station Jakhaura, District Lalitpur not to arrest the petitioner- Lala Ram 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 petitioner shall cooperate the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 22.2.2018 Shubham .
(Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)