Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7808 of 2018 Petitioner :- Shubham Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Srivastava, Sunil Kumar Singh Counsel for Respondent :- G.A.
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 04.03.2018 bearing Case Crime No.270 of 2018 pending investigation at Police Station Dhoomanganj, District Allahabad for the offence under Section 307 IPC.
The submission of learned counsel appearing on behalf of the petitioner is that as per the facts stated in the First Information Report a very specific allegation against accused Nitin Pal son of Shiv Kumar Pal. It is asserted that looking to the definite averment contained in the First Information Report, it cannot be said any role assigned to the present petitioner in the alleged crime. It is further submitted that there is no allegation of any kind of conspiracy or to have commission of offence under Section 120B IPC.
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 Dhoomanganj, District Allahabad not to arrest the petitioner Shubham Yadav, 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 :- 30.3.2018 A.Kr.*
[Ashok Kumar, J.] [Govind Mathur, J.]