Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7356 of 2018 Petitioner :- Ram Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Pati Singh Yadav,Sheo Prasad Yadav Counsel for Petitioner :- AGA, Vijay Kumar Srivastava
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Kailash Pati Singh, learned counsel for the petitioners, Sri Vijay Kumar Srivastava, learned counsel appearing on behalf of respondent no. 4, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 0258 of 2017 pending investigation at Police Station Nizamabad, District Azamgarh pertaining to offence punishable under Sections 353, 504, 506 IPC and 135 Electricity Act.
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 respondent No. 3-Station House Officer, Police Station Nizamabad, District Azamgarh not to arrest the petitioners-Ram Singh and Pratap Yadav @ Ram Pratap Yadav 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 the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 27.3.2018 Shubham .
(Ashok Kumar,J.) (Govind Mathur,J.)