Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 1324 of 2019 Petitioner :- Guddu @ Vinod Kumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Srivastava,Shweta Srivastava Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Shri Alok Kumar Srivastava, learned counsel for the petitioners and Shri Amit Sinha, learned AGA for the State respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 12.06.2018 in respect of Crime No.481 of 2018 for the offence under Sections 147, 323, 504, 506 & 509 of I.P.C., P.S.-Barra, District-Kanpur Nagar. Learned counsel for the petitioners submits that a first information report was lodged by Kiran Gautam sister of petitioner Nos. 1 to 3 against the brother of the complainant Smt. Sonika Chaurasiya and as a counter blast, the present FIR has been lodged against the petitioners implicating the entire family. It has been argued that the complainant is pressurizing the petitioners so that she can get advantage in a case registered against her brother.
On the other hand, learned A.G.A. opposes the petition.
Considering the nature of the allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173 (2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 21.1.2019 nethra