Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4321 of 2018 Petitioner :- Anand And 4 Ors. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
It is submitted by learned counsel appearing on behalf of the petitioners that the petitioner no. 1- Anand son of Roopchand and petitioner no. 5- Roop Chandra son of Late Masuriya Din have already been arrested and this petition on behalf of the petitioner no. 1 and 5 has become infructuous.
The writ petition is dismissed in relation to the petitioners no. 1 and 5.
Heard Sri Sunil Kumar, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 06.01.2013 bearing Case Crime No. 24 of 2013 pending investigation at Police Station - Colonelganj, District - Allahabad pertaining to offence punishable under Sections 147, 148, 149, 307, 323, 392, 427, 452, 504, 506 IPC and 7 C.L.A. Act.
Learned counsel for the petitioners no. 2, 3 and 4 submits that no case is made out against the petitioners no. 2, 3 and 4 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.
So far as the stay of the arrest of the petitioner no. 2 and 3- Kundan and Nanha is concerned, we would like to state that definite allegations are made against them. In view of it petitioner no. 2 and 3 are certainly required for investigation in the matter. Writ petition on their behalf is dismissed in entirety.
However, looking to the nature of the case and other surrounding circumstances, we deem it appropriate to direct the respondent no. 3- Station House Officer not to arrest the petitioner no. 4 - Smt. Kamlesh 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. Petitioner shall cooperate in the investigation.
Petition to the extent of petitioner no. 4 stands disposed of as above.
Order Date :- 22.2.2018 Rameez .
(Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)