Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 11645 of 2018 Petitioner :- Basant Mani Pandey And 5 Ors.
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Pradeep Kumar Singh,Ashish Kumar Singh Counsel for Respondent :- G.A.,Anand Kumar Singh
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State. None appeared for respondent no.3.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 24.02.2018 registered as Case Crime No.0070 of 2018, under Sections 498-A, 323, 504 I.P.C. and 3/4 of D.P. Act, Police Station Sarnath, District Varanasi.
Record shows that the matter was referred to the Mediation & Conciliation Centre of this Court vide order dated 07.05.2018. The report the Mediation & Conciliation Centre dated 03.08.2018 indicates that the parties are not willing for the mediation.
In view of the above, we proceed to examine this matter on merit.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners no.2 to 6, namely, Chandra Mani Pandey (father-in-law), Reeta Pandey (mother-in-law), Sanjna Pandey (nanad), Vandana Pandey (nanad) and Mamta Chaubey (nanad) 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.
As far as petitioner no.1 Basant Mani Pandey (husband) is concerned, the petition stands dismissed. However, it is directed that in case petitioner no.1 appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 which has been affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 12.9.2018 Anand Sri./-