Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4943 of 2018 Petitioner :- Mohd. Shahroz And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amitrana 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 02.10.2017 bearing Case Crime No.621 of 2017 pending investigation at Police Station Nakhasa, District Moradabad, for the offence under Sections 147, 148, 149, 336, 307, 332, 353 IPC and 31-A Criminal Law (Amendment) Act, 1934 and section 2/3 Prevention of Damages to the Public Property Act, 1984.
Learned counsel for the petitioner submits that the petitioners have been falsely implicated in the present case on absolutely concocted facts. No case is made out against petitioner for the offence referred in the FIR.
From perusal of the averment contained in the First Information Report, it reveals that prima face 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 Nakhasa, District Moradabad not to arrest the petitioners namely Mohd. Shahroz and Shahid Husain 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 cooperate the investigating officer in relation to the investigation in process.
The writ petition stands disposed of accordingly.
Order Date :- 27.2.2018 RPS
[Ashok Kumar, J.] [Vikram Nath, J.]