Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4804 of 2018 Petitioner :- Vishnu Kumar @ Vishnu Agarwal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hitesh Pachori Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Ashish Kumar Gupta, learned counsel for the respondent no.4.
This petition for writ is before us with a prayer to quash the First Information Report dated 27.1.2018 bearing Case Crime No. 93 of 2018 pending investigation at Police Station Sikandra, District Agra pertaining to the offences under Sections 384, 504, 506, 427, 324 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. Sikandra, District Agra not to arrest the petitioner nos. 2 and 3 namely, Ankit, Lalitesh Kumar in Case Crime No.93 of 2018 pending investigation at Police Station Sikandra, District Agra pertaining to the offences under Sections 384, 504, 506, 427, 324 I.P.C. till filing of the police report as per provisions of Section 173(2) Cr.P.C. before the Court competent. The said petitioners shall cooperate with the investigating agency during course of investigation. So far as petitioner no.1 Vishnu Kumar @ Vishnu Agarwal is concerned, the writ petition is dismissed against him.
The writ petition, with the observation above, stands disposed of.
Order Date :- 26.2.2018 S.S.
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(Ashok Kumar, J.) (Vikram Nath, J.)