Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7710 of 2018 Petitioner :- Vishwanath Upadhyay And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shamasul Eslam Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Shamasul Eslam, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
The petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 21.3.2018 bearing Case Crime No.0042 of 2018 pending investigation at Police Station Bansdeeh, District Ballia pertaining to offence punishable under Sections 394, 352, 342, 419, 420, 457, 504, 506 IPC.
Learned counsel for the petitioners submit that no case is made out against the petitioners for the offences referred in the first information report.
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.2 Station House Officer not to arrest the petitioners Vishwanath, Girija Devi and Nathuni Yadav 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. Petitioners shall cooperate in the investigation.
The writ petition is disposed of accordingly.
Order Date :- 29.3.2018 Bhaskar (Ashok Kumar, J.) (Govind Mathur, J.)