Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7751 of 2018 Petitioner :- Ramphal Chauhan And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Counsel for Respondent :- G.A.,Shivendra Nath Singh
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 with a prayer to quash the first information report dated 06.03.2018 bearing Case Crime No. 38 of 2018 pending investigation at Police Station Kasimabad, District Ghazipur pertaining to the offences under Sections 376, 506 of Indian Penal Code and Section 67a Information Technology (Amendment) Act, 2008.
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 Kasimabad, District Ghazipur not to arrest the petitioners namely Ramphal Chauhan, Lal Bahadur Chauhan and Azad Chauhan 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 :- 29.3.2018 SK Srivastava .
(Ashok Kumar,J.) (Govind Mathur,J.)