Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4955 of 2018 Petitioner :- Saurabh Shah And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushma Singh,Manish Singh Counsel for Respondent :- G.A.,Rupak Chaubey
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners, Sri Rupak Chaubey, learned counsel representing the complainant and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 28.01.2018 bearing Case Crime No.56 of 2018 pending investigation at Police Station Bhelupur, District Varanasi for the offence under Sections 454, 395, 452, 323, 504, 506 IPC.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioners 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 Bhelupur, District Varanasi not to arrest the petitioners namely Saurabh Shah, Madhu Shah, Sanjeev Kumar Shah and Preeti Daga, 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 in relation to the investigation in process.
The writ petition stands disposed of accordingly.
Order Date :- 27.2.2018 A.Kr.* [Ashok Kumar, J.] [Vikram Nath, J.]