Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7749 of 2018 Petitioner :- Smt. Surabhi Shrivastava And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Tripathi Counsel for Respondent :- G.A.,Ashutosh Kumar Pandey
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This petition for writ is before us with a prayer to quash the First Information Report dated 21.3.2018 bearing Case Crime No. 228 of 2018 pending investigation at Police Station Sikandara, District Agra pertaining to the offences under Section 364 I.P.C.
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 offences referred in the present F.I.R.
We have looked into the contents of the First Information Report. The averments contained therein disclose commission of offence cognizable and therefore, at this stage, we are not inclined to quash the First Information Report.
However, looking to all the facts of the case and other surrounding circumstances, we deem it appropriate to direct the Station House Officer, P.S. Sikandara, District Agra not to arrest the petitioners Smt. Surabhi Shrivastava, Krashn Gopal @ Gopal in the case referred above, till filing of the police report as per provisions of Section 173(2) Cr.P.C. before the Court competent. The petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition, with the observation above, stands disposed of.
Order Date :- 29.3.2018 S.S.
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(Ashok Kumar, J.) (Govind Mathur, J.)