Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4822 of 2018 Petitioner :- Ayasha Khatoon And 5 Others Respondent :- State Of U.P. Through Princial Secretary Lucknow And 3 Others Counsel for Petitioner :- Savita Mishra,Ripusudan Dubey Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 10.02.2018 bearing Case Crime No. 29 of 2018 pending investigation at Police Station Chiluatal, District Gorakhpur pertaining to the offences under Sections 147, 148, 149, 332, 333, 342, 353, 504, 506, 427 and 336 of Indian Penal Code and Section 7 of Criminal Law Amendment Act, 1932.
Learned counsel for the petitioners submits that no case is made out against the petitioners for the offences referred in the FIR.
We have looked into the FIR that is challenged in this petition for writ. A bare perusal of the contents of the FIR discloses the commission of serious offences which are cognizable. Looking to definite accusation we are at all not inclined to interfere with the same while invoking powers under Article 226 of the Constitution of India.
So far as the stay of the arrest of the petitioner nos. 3, 4 & 5 namely Abdul Kalam, Ram Murat alias Dilbahar Yadav and Mohd. Hadish alias Harish respectively is concerned, we would like to state that definite allegations are made against them. In view of it petitioner nos. 3, 4 & 5 are certainly required for investigation in the matter. Writ petition on their behalf is dismissed in entirety.
However, looking to the merits of the case and the surrounding circumstances, we deem it appropriate to direct the Station House Officer, Police Station Chiluatal, District Gorakhpur not to arrest the remaining petitioner nos. 1, 2 and 6 namely Ayasha Khatoon, Noor Jahan alias Guchchi and Shakeela respectively in relation to FIR, referred to above, till submission of the police report under the provisions of Section 173 (2) of the Code of Criminal Procedure. The petitioners shall cooperate the investigating agency during the course of investigation.
Petition to the extent of petitioner nos. 1, 2 and 6 stands disposed of as above.
Order Date :- 27.2.2018 SK Srivastava .
(Ashok Kumar,J.) (Vikram Nath,J.)