Case :- CRIMINAL MISC. WRIT PETITION No. - 19974 of 2018 Petitioner :- Smt. Gurvinda And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudeep Harkauli Counsel for Respondent :- G.A.,Satyendra Kumar Singh
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Sudeep Harkauli, learned counsel for the petitioners, Sri Satendra Kumar Singh, learned counsel for the respondent no. 4 and Ms. Meena Kumari, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R., which has been registered as Case Crime no. 210 of 2018, under Sections 498A, 323, 504, 506, 354(B), 307, 406, 376, 511 I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana, district-Ghaziabad.
When the case is taken up today, it has been informed that after completion of investigation, the police has submitted final report but the same has not yet been accepted and now order of further investigation has been passed and the same is continuing.
Perusal of the record shows that there is a matrimonial dispute between husband and wife and the husband Tej Bir Singh Gulati is not the party in this writ petition. Petitioner no. 1 is the mother-in-law, petitioner no. 2 is the brother-in-law (jeth), petitioner no. 3 is the brother-in-law (devar), petitioner no. 4 is the nephew and petitioner no. 5 is the sister-in-law (jethani) of the complainant-informant. The entire family members have been implicated in the present case on the basis of general allegations. In this view of the matter, an interim order was passed by another Bench of this Court on 26.7.2018 wherein it was observed that till the next date of listing or till the submission of police report u/s 173(2) CrPC whichever is earlier, the petitioners shall not be arrested.
We have perused the interim order dated 26.7.2018.
In view of the aforesaid facts and circumstances, no purpose would be served in keeping the matter pending any further before this Court.
Thus, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties present, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co-operate with the investigation.
It is further directed that investigation shall be completed positively within a period of one month from the date of production of certified copy of this order without granting unnecessary adjournment to either of the parties.
With the aforesaid observations, the instant writ petition is finally disposed of.
Let a copy of this order be given to learned A.G.A. for necessary compliance.
Order Date :- 21.1.2019 Faridul