Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7358 of 2018 Petitioner :- Avinash And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Avanish Mishra Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Avanish Mishra, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
By the order dated 05.12.2017, a Division Bench of this Court while disposing of Criminal Misc. Writ Petition No. 26958 of 2017 ordered that the petitioners shall not be arrested in the Case Crime No. 1122 of 2017 till having cogent and credible evidence showing the complicity of the petitioners.
The Investigating Officer, however, moved an application before the Station House Officer, Police Station Kotwali, District Farrukhabad with assertion that as per the investigation so far made adequate evidence is available showing involvement of the present petitioners in the crime in question and, as such, their arrest is warranted.
It is stated by learned counsel for the petitioners that the request made by Investigating Officer to the Station House Officer, Police Station Kotwali, District Farrukhabad is nothing but an effort to frustrate the order passed by this Court.
We do not find any merit in the argument advanced.
Suffice it to mention that the order passed by Division Bench of this Court is dated 05.12.2017 and the request for arrest of the petitioner was made by the Investigating Officer on 04.03.2018, i.e., after a lapse of more than 3 months from the date of order. It is also quite specifically mentioned that as a consequence to the investigation subsequently made adequate evidence is available and that certainly demands arrest of the petitioners.
We do not find any just reason to disbelieve the investigation about the availability of adequate evidence demanding arrest of the petitioners. So far as the nature of evidence is concerned, in our considered opinion, that is not required to be mentioned in the request letter and that is also not required to be disclosed to the petitioners. The writ petition, as such, is having no merit, hence dismissed.
Order Date :- 27.3.2018 Shubham .
(Ashok Kumar,J.) (Govind Mathur,J.)