Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4515 of 2018 Petitioner :- Sajid Respondent :- State Of Up Through Its Secretary Ministry Of Home Up Lucknow And 2 Others Counsel for Petitioner :- Jagdish Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard Sri Jagdish Prasad Mishra, learned counsel for the petitioner, 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. 1464 of 2017 pending investigation at Police Station Khatauli, District Muzaffarnagar pertaining to offence punishable under Sections 354-B, 324 IPC and 7/8 Protection of Children from Sexual Offence Act, 2012.
Learned counsel for the petitioner submits that no case is made out against the petitioner 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. 2-Station House Officer, Police Station Khatauli, District Muzaffarnagar not to arrest the petitioner-Sajid 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 petitioner shall cooperate the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 22.2.2018 Shubham .
(Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)