Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20479 of 2018 Petitioner :- Kali Charan And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Mohan Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anand Mohan Pandey learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer for quashing the impugned FIR dated 21.7.2017 registered as case crime no. 644 of 2017, under Sections 302 IPC, P.S. Shadabad Kotwali, District Hathras.
It has been submitted by the learned counsel for the petitioners that the petitioner no. 1 is husband of the deceased. The marriage was solemnized 15 years ago. The present FIR has been lodged by respondent no. 3 with the allegation that the petitioner no.1 along with his family members murdered the deceased. 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 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 nos.2, 3 and 4 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stands dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018 AU