Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24295 of 2018 Petitioner :- Ganga Gopal And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Usha Srivastava,Shailesh Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vinod Srivastava, holding brief of Ms. Usha Srivastava, learned counsel for the petitioners, Sri N.K. Verma, 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 with the prayer to quash the F.I.R. dated 11.8.2018, registered as Case Crime No.591 of 2018, u/s 328, 302, 504, 506 IPC, P.S. Kotwali Kannauj, district Kannauj.
Learned counsel for the petitioners submits that the respondent no.3 happens to be the maternal uncle of the deceased. The deceased died in mysterious circumstances. The petitioner no.1 had lodged an FIR against respondent no.3 u/s 354 IPC in the year 2005. He was also convicted for molesting the daughter of petitioner no.1 i.e. petitioner no.2. He has been convicted by the trial court in the year 2012 against which he has preferred an appeal in which he is on bail and taking into account the advantage of the death of the deceased, the present FIR has been lodged against the petitioner no.1 and his three daughters out of which two are unmarried. The present FIR has been lodged after one year of the incident on the basis of application moved u/s 156(3) Cr.P.C. with malafide intention. As per post-mortem report, cause of death is not known and viscera has been preserved.
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 petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018 Gaurav