Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24358 of 2018 Petitioner :- Jitendra Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilendra Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Akhilendra Yadav, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 3.8.2018, registered as case crime No.540 of 2018, under Sections 420, 364, 506 I.P.C., P.S. Firozabad South, District Firozabad.
It has been submitted by the petitioners that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that the petitioners no.1 and 2 are the children of the earlier wife of father of respondent no.3, namely, Rishal Singh (abductee) who also happens to be father of respondent no.3,as he performed the second marriage with the mother of the informant after the death of his first wife. He further argued that respondent no.3 has lodged the impugned FIR against the petitioners due to some property dispute between the parties alleging therein that her father has been abducted by the petitioners. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner no.3 who is a lady and wife of petitioner no.1, hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no.3 who is a lady shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to her cooperation during investigation.
(ii) As far as the petitioner nos.1,2 & 4 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018 NS