Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4710 of 2018 Petitioner :- Maqsood Akhtar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Javed Husain Khan,Gulrez 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 08.02.2018 bearing Case Crime No. 64 of 2018 pending investigation at Police Station Nawabad, District Jhansi pertaining to the offences under Sections 147, 353, 332, 186, 54, 506 IPC and 3 of Prevention of Damage to 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 Nawabad, District Jhansi not to arrest the petitioner namely Maqsood Akhtar, 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 during the course of investigation.
The writ petition stands disposed off accordingly.
Order Date :- 26.2.2018 Arnima [Ashok Kumar, J.] [Vikram Nath, J.]