Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 5243 of 2018 Petitioner :- Smt. Chanchal And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Kumar Singh,Mayank Yadav 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 02.02.2018 bearing Case Crime No. 28 of 2018 pending investigation at Police Station Kakore, District Bulandshahr pertaining to the offence under Section 328 of Indian Penal Code.
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 namely Amarjeet @ Banti and Sundar respectively is concerned, we would like to state that definite allegations are made against them. In view of it petitioner nos.3 & 4 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 Kakore, District Bulandshahr not to arrest the remaining petitioner nos. 1 and 2 namely Smt. Chanchal and Smt. Ishwarwati 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 and 2 stands disposed of as above.
Order Date :- 28.2.2018 SK Srivastava .
(Ashok Kumar,J.) (Vikram Nath,J.)