Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22362 of 2018 Petitioner :- Dinesh @ Karu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Geetam Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Geetam Singh, learned counsel for the petitioner and Sri Deepak Mishra, learned A.G.A. for the State and perused the record.
The present writ petition has been filed with a prayer to quash the F.I.R. dated 2.1.2017 registered as Case Crime No. 08 of 2017, under Sections 307, 323, 504, 34 IPC, P.S. Sikandarpur, District Kasganj.
On 16.8.2018, the following order was passed:-
"Heard Sri Geetam Singh, learned counsel for the petitioners, Sri G.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 2.1.2017 registered as case crime no. 08 of 2017 under sections 307, 323, 504, 34 I.P.C., police station Sikandarpur Vaishya, District Kasganj.
Learned counsel for the petitioners submits that though the petitioners were named in the F.I.R. along with two other co-accused person. He submits that after investigation, closure report was filed by the Investigating Officer and the same was accepted by the C.J.M. Kasganj on 31.3.2017. Thereafter an application was moved by the son of petitioner no. 2 before the Higher Authorities that the investigation with respect to the respondent no. 4, who is the informant of the case and was actual culprit in the crime is still pending on the basis of which the police arrested two accused persons and the petitioners are apprehending their arrest, hence the come up before this Court by filing the present petition.
The S.P. Kasganj is directed to file his personal affidavit in the matter by the next date fixed.
Put up/list the matter on 24.8.2018 in the additional cause list.
Till the next date of listing, no coercive action shall be taken against the petitioners in pursuance of the aforesaid case.
Copy of the order be given to the learned A.G.A. free of cost for its compliance."
In compliance with the court's order dated 24.8.2018, an affidavit of compliance has been filed by the S.P., Kasganj, wherein it has been stated by the A.G.A. that the petitioners were wanted in the present case but as the closure report was submitted by the police and the same had been accepted by the Magistrate concerned, hence it does not sound to reason that the petitioner may be harassed by the police in pursuance of the present F.I.R. However, It is made clear that no harassment will be made to the petitioner in pursuance of the said F.I.R., unless and until petitioners are wanted in any other case.
In view of above, the writ petition is disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.8.2018 A.P. Pandey