Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1174 of 2019 Petitioner :- Avinash Gupta And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R P Rajan Counsel for Respondent :- G.A.,Rajesh Kumar Singh
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned AGA for the State- respondents; and Ms Anita Singh, Advocate holding brief for Sri Rajesh Kumar Singh, for the respondent no. 4; and perused the record.
Instant writ petition seeks quashing of the FIR dated 20.10.2018, registered as Case Crime No. 0250 of 2018, under Sections 147, 452,323,354,325,506 IPC at P.S. Ramnagar, District Varanasi.
A perusal of the FIR discloses commission of cognizable offences. Moreover, a short counter affidavit has been filed today by the learned counsel for the respondent no. 4, annexing therewith injury reports, which also support the prosecution case.
Under the circumstances, prayer to quash the FIR is liable to be rejected and is, accordingly, rejected.
At this stage, submission of learned counsel for the petitioners is that even house hold ladies have been implicated and in the statement of the victim, recorded under Section 164 Cr.P.C., no role has been attributed to Suman Gupta (petitioner No. 7) and to petitioner no. 2 (Kiran Gupta) only role of exhortation has been assigned. It has been submitted that they have been falsely implicated along with six male accused and, therefore, they are entitled to protection till completion of investigation.
Having considered the submissions, we deem it appropriate to dispose off this writ petition by providing that in so far as petitioner nos. 2 & 7 are concerned, they shall not be arrested in the above noted case, till submission of the police report under Section 173(2) Cr.P.C., subject to their co-operation during investigation.
As regards the remaining petitioners, the writ petition is dismissed.
Order Date :- 31.1.2019 RavindraKSingh