Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4693 of 2018 Petitioner :- Nafish Khan And 2 Others Respondent :- State Of U.P. Through Principal Secretary Home And 3 Others Counsel for Petitioner :- Sangam Singh Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 03.02.2018 bearing Case Crime No.126 of 2018 pending investigation at Police Station Dibiyapur, District Auraiya pertaining to the offences under Sections 147, 506 IPC and section 3(2)(v) of SC/ST (Amendment) Act, 2015.
Learned counsel for the petitioners submits that no case is made out against the petitioners 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 Dibiyapur, District Auraiya, not to arrest the petitioners namely Nafish Khan, Nahim Khan and Muzahid 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 petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 26.2.2018 RPS
[Ashok Kumar, J.] [Vikram Nath, J.]