Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4789 of 2018 Petitioner :- Saurabh And 09 Others Respondent :- State Of U.P. Through Secretary And 03 Others Counsel for Petitioner :- Virendra Singh Patel 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 20.12.2017 bearing Case Crime No. 414 of 2017 pending investigation at Police Station Erach, District Jhansi pertaining to the offences under Sections 379, 411 of Indian Penal Code and Section 4/21 Mines & Mineral Act, 1957.
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 Erach, District Jhansi not to arrest the petitioners namely Saurabh, Chhotu, Dhera Mukhiya, Kallu, Munna Dhobi, Kunwar Lal, Stya Narain, Chhotu Dhobi, Bhagwan Singh Pal and Rajjan Singh 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 petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 26.2.2018 SK Srivastava .
(Ashok Kumar,J.) (Vikram Nath,J.)