Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3287 of 2021 Petitioner :- Chanda Bibi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nabi Ullah Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
The instant writ petition has been filed for restraining the respondents from taking any coercive steps against the petitioners in pursuance of F.I.R. dated 14.08.2020 registered as case crime no.496 of 2020, under sections 457, 394, 302, 120B, 411 I.P.C., Police Station- Lanka, District- Varanasi.
The sole submission of learned counsel for the petitioner is that petitioner is not named in the F.I.R. and therefore he is entitled for stay of his arrest during investigation.
The First Information Report is regarding commission of offence under section 302 I.P.C. apart from other offences. It is not disputed that the name of the petitioner has surfaced during course of investigation. The material on basis of which the police is investigating the petitioner, has not been brought on record. In any case, the first information report clearly discloses commission of cognizable offences and power of the police to investigate in such cases cannot be wittled down by granting interim protection to the petitioner on the sole ground that he was initially not named in the F.I.R.
The petition lacks merit and is dismissed.
(Gautam Chowdhary,J.) (Manoj Kumar Gupta,J.) Order Date :- 26.5.2021 shiv