Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4704 of 2018 Petitioner :- Pramod Kumar Tiwari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra Agrahari 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 03.07.2017 bearing Case Crime No. 716 of 2017 pending investigation at Police Station Kalyanpur, District Kanpur Nagar pertaining to the offences under Sections 420, 406, 323, 504, 506 of the Indian Penal Code.
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 Kalyanpur, District Kanpur Nagar not to arrest the petitioners namely Pramod Kumar Tiwari and Ram Kumar Tiwari, 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 petitioners 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.)