Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4791 of 2018 Petitioner :- Liyaqatullah Khan Respondent :- State Of U.P Through Secretary And 03 Others Counsel for Petitioner :- Raja Ullah Khan Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 24.01.2018 bearing Case Crime No. 0053 of 2018 pending investigation at Police Station Puwayan, District Shahjahanpur pertaining to the offences under Section 379 of Indian Penal Code and Section 2/3 Prevention of Damages to the Public Property Act, 1984.
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 the respondent Station House Officer, Police Station Puwayan, District Shahjahanpur not to arrest the petitioner- Liyaqatullah Khan 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 with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 26.2.2018 SK Srivastava .
(Ashok Kumar,J.) (Vikram Nath,J.)