Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7329 of 2018 Petitioner :- Ram Ashish And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avinash Kumar Gautam Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,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 to quash the First Information Report dated 23.08.2017 bearing Case Crime No.641 of 2017 pending investigation at Police Station Birno, District Ghazipur for the offence under Sections 147, 452, 436, 427, 323, 506 IPC.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioners 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 Birno, District Ghazipur not to arrest the petitioners namely Ram Ashish, Arvind and Guddu @ Sanjay, 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 in relation to the investigation in process.
The writ petition stands disposed of accordingly.
Order Date :- 27.3.2018 A.Kr.* [Ashok Kumar, J.] [Govind Mathur, J.]