Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4802 of 2018 Petitioner :- Surendra Babu And 3 Others Respondent :- State Of U.P. Through Secretary Home U.P. At Lucknow And 3 Others Counsel for Petitioner :- Sanjay Mishra Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,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 29.1.2018 bearing Case Crime No. 115 of 2018 pending investigation at Police Station Friends Colony, District Etawah pertaining to the offences under Sections 147, 452, 504, 427 I.P.C. and 3(1) RS SC/ST Act.
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. Friends Colony, District Etawah not to arrest the petitioners namely, Surendra Babu, Pappu, Sunil Kumar, Karua in Case Crime No.115 of 2018 pending investigation at Police Station Friends Colony, District Etawah pertaining to the offences under Sections 147, 452, 504, 427 I.P.C. and 3(1) RS SC/ST Act 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 :- 26.2.2018 S.S.
.
(Ashok Kumar, J.) (Vikram Nath, J.)