Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7682 of 2018 Petitioner :- Sunil Chauhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Upendra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Ramesh Kumar, Advocate holding brief of Sri Upendra Kumar Mishra, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 28.06.2017 bearing Case Crime No. 95 of 2017 pending investigation at Police Station - Bhaluani, District - Deoria pertaining to offence punishable under Section 376- D IPC.
Learned counsel for the petitioner submits that in the first information report, name of the petitioner has not been disclosed and in the statement recorded as per provisions of Section 164 Cr.P.C., the sole accusation is against co-accused Upendra Chauhan. In the statement aforesaid, the prosecutrix herself stated that the present petitioner has not committed any wrong with her.
Having considered the facts stated in the first information report, we do not find any just reason to quash the first information report as that discloses commission of an offence cognizable.
However, looking to the nature of the case and other surrounding circumstances, we deem it appropriate to direct the respondent no. 3- Station House Officer not to arrest the petitioner- Sunil Chauhan in relation to first information report referred to above till submission of the police report under Section 173 (2) of the Code of Criminal Procedure. Petitioner shall cooperate in the investigation.
The writ petition stands disposed of accordingly.
Order Date :- 29.3.2018 Rameez .
(Ashok Kumar,J.) (Govind Mathur,J.)