Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23484 of 2018 Petitioner :- Dharmawati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raghuvansh Misra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajeev Lochan Shukla, holding brief of Sri Raghuvansh Mishra, learned counsel for the petitioner states that she Mishra is unwell, hence, he could not appear to argue the matter and prays that he may be heard.
Heard Sri Rajeev Lochan Shukla, holding brief of Sri Raghuvansh Mishra, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR No.62 of 2018, under Sections 147, 148, 323, 302 I.P.C., P.S.
Chhatari, District Buladnshahr.
Learned counsel for the petitioner submits that the petitioner is an unmarried girl and she along with her three real brothers and two other accused persons has been named in the FIR. He further submits that there appears to be dying declaration of the deceased, namely, Mukesh who went to the field of the petitioner and had also tried to grab the same and started firing, for which FIR was registered against him for the offence under Section 307 I.P.C. and 25 Arms Act and he was mercilessly beaten by the villagers and taken to the police station concerned by the brothers of the petitioners and it is stated that when the deceased was referred for medical examination, the Station House Officer of the concerned police station tried to record his dying declaration, which was also video-graphed by the Constable Sunny Rana, copy of which has been annexed at pages- 44 & 46 of the writ petition, from perusal of the said dying declaration of the deceased it appears that the petitioner is also said to have assaulted the deceased with danda and it is stated that participation of the petitioner though has been mentioned in the said dying declaration, which appears to be exaggeration just to drag the petitioner, who is a minor as well as unmarried girl as per her High School Certificate in which her date of birth is mentioned as '28.5.2002'. He next argued that out of the six accused persons, charge sheet has been submitted that co-accused, namely, Dharmendra, Harish Chandra @ Harish and Sonu, whereas one of the accused, namely, Anita Devi has been exonerated and against other two accused persons including the petitioner investigation is pending. He argued that the allegations levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but she shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
The case of the petitioner is distinguishable from the case of other accused persons.
It is made clear that the Court has granted indulgence only on account of the fact that the petitioner is a minor and unmarried girl and order granting interim protection to the petitioner shall not be treated as parity to other co-accused.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 28.8.2018/NS