Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 7948 of 2018 Petitioner :- Rohit And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avnish Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Shashi Kant Gupta,J. Hon'ble Ajit Kumar,J.
This petition for writ is before us with a prayer to quash the first information report in Case Crime No. 244 of 2018 pending investigation at Police Station Murad Nagar, District Ghaziabad pertaining to the offences under Sections 147,323,504,506 IPC and 3(1)(10) SC/ST Act.
Heard learned counsel for the petitioners, learned AGA for the State and perused the record.
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 and the impugned FIR has been lodged with malafide intention for the purpose of harassment.
The submissions made by the learned counsel for the petitioners involve several intricate factual details and many disputed questions of fact related to the case. False implication due to malafide intention has also been pleaded.
From perusal of the impugned FIR, it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the FIR. Therefore, the prayer for quashing the impugned FIR is refused but it certainly requires investigation.
In view of the above, we do not find any just reason to quash the impugned first information report. However, considering the facts and circumstances of the case, we deem it appropriate to direct the concerned Station House Officer/police officer not to arrest the petitioners in relation to the first information report referred to above till the filing of the police report as per Sub-section (2) of Section 173 of Cr.P.C. The petitioners shall cooperate with the investigating agency during the course of the investigation.
The concerned Investigating Officer is directed to conclude the investigation as early as possible.
The writ petition stands disposed of accordingly.
Order Date :- 30.3.2018/Sanjeev