The court has the discretion to direct that the investigation shall continue but the accused shall not be arrested until the submission of the police report under Section 173(2) Cr.P.C., subject to their cooperation.

Heard Gunjan Singh, petitioner no. 1 in person and learned A.G.A. for the State of U.P.

2. This petition has been filed by the petitioners with a prayer to quash the First Information Report dated 17.03.2016, registered Case Crime No. 81 of 2016, under Sections 332, 420, 467, 468, 471, 504, 506 IPC, Police Station - Matsena, District - Firozabad.

3. It is submitted petitioner no. 1 is counsel of co-accused Amit Sharma and petitioner no. 2 is junior of petitioner no. 1 and no offence against the petitioners is made out and their role is clearly distinguishable from that of co-accused Amit Sharma.

4. It is further submitted by petitioner no. 1 that apart from the bald allegations made in the impugned FIR, no evidence whatsoever is forthcoming even prima facie indicating the complicity of petitioners in the offence in question and therefore, the impugned first information report is liable to be quashed.

5. Per contra learned AGA submitted that from perusal of the impugned FIR and on the basis of the allegations made therein it cannot be said that no cognizable offence is made out against the petitioners. As far as submission of petitioner no. 1 that impugned FIR is liable to be quashed on the ground of lack of credible evidence in support of allegations made in the FIR is concerned, the same is absolutely misconceived and the impugned FIR is not liable to be quashed on the aforesaid ground as the Investigating Officer will collect evidence during the course of investigation.

6. After having heard learned counsel for the parties and perusing the material brought on record including the impugned FIR, we are not inclined to quash the same.

7. However, considering the peculiar facts and circumstances of the case, submissions advanced on behalf of parties and the nature of allegations made in the FIR, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.

8. With above observations/directions, the writ petition stands finally disposed of.