Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16608 of 2019 Petitioner :- Jagadish Kumar Gautam @ Jagdish Harijan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Jitendra Kumar for the petitioner, learned A.G.A. for the State of U.P. 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 10.1.2018, registered as Case Crime No. 13 of 2018, under Section 363 of IPC, Police Station - Chaubepur, District - Varanasi.
Counsel for the petitioner submits that admittedly as per FIR, there was inimical relationship between the petitioner and the husband of respondent no. 3 with respect to some agricultural land, regarding which litigation was going on before the Hon'ble Supreme Court, wherein the husband of respondent no. 3 has lost. The petitioner has been implicated in the present case, although the victim has not been recovered. From the perusal of the FIR, no offence under Section 363 of IPC is made out against the petitioner.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by 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) of Cr.P.C., but shall co-operate with the investigation of the case.
With the aforesaid direction, this petition is finally disposed of.
This order has been passed in reference to the orders dated 29.01.2018 and 4.7.2018, passed by this Court in Criminal Misc. Writ Petition No. - 1809 of 2018 (Deo Raj Maurya & 5 others v. State of U.P. & 3 others) and Criminal Misc. Writ Petition No. 17159 of 2018 (Gaurav Singh Alias Monu Singh), respectively, arising out of the same case crime number.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Kamarjahan