Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4747 of 2018 Petitioner :- Mohd. Israr Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Fateh 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 to quash the First Information Report dated 09.10.2017 bearing Case Crime No.465 of 2017 pending investigation at Police Station Behat, District Saharanpur for the offence under Sections 447, 352 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 Behat, District Saharanpur not to arrest the petitioner Mohd Israr Khan, 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 :- 26.2.2018 A.Kr.*
[Ashok Kumar, J.] [Vikram Nath, J.]