Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4910 of 2018 Petitioner :- Ranjan Goyal And Another Respondent :- State Of U.P Through Secretary And 03 Others Counsel for Petitioner :- Vikas Rana 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 20.01.2018 bearing Case Crime No. 150 of 2018 pending investigation at Police Station Kavi Nagar, District Ghaziabad pertaining to the offences under Sections 504, 506 IPC, 3(1)(Da) and 3(1)(Dha) of the Scheduled Castes and Scheduled Tribes 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 the respondent Station House Officer, Police Station Kavi Nagar, District Ghaziabad not to arrest the petitioners namely Ranjan Goyal and Smt. Poonam Goyal, 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 :- 27.2.2018 Arnima [Ashok Kumar, J.] [Vikram Nath, J.]