Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7743 of 2018 Petitioner :- Samar Rahman Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anuj Srivastava Counsel for Respondent :- G.A.,Namit Kumar Sharma Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 26.02.2018 bearing Case Crime No.89 of 2018 pending investigation at Police Station Civil Lines, District Allahabad for the offence under Section 420 IPC.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioner for the offence referred in the FIR.
From perusal of the averment contained in the First Information Report, it reveals that prima facie there is sufficient material to have investigation for cognizable offence and as such we are not inclined to quash the First Information Report.
However, looking to the nature of allegations and also surrounding circumstances, we deem it appropriate to direct the Station House Officer, Police Station Civil Lines, District Allahabad not to arrest the petitioner Samar Rahman, 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 petitioner shall co-operate the investigating agency in relation to the investigation in process.
The writ petition stands disposed of accordingly.
Order Date :- 29.3.2018 A.Kr.*
[Ashok Kumar, J.] [Govind Mathur, J.]