Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7509 of 2021 Petitioner :- Kaluram And 5 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- G.A.,Ravikant Tiwari
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners, learned counsel for the respondent No.4 and the learned A.G.A. for the State- respondents.
The present writ petition has been preferred to quash the impugned first information report dated 13.7.2021 bearing Case Crime No. 536/2021 under Section 420, 467, 468, 471, 120-B, 406, 504, 506, 323 IPC at P.S. Surajpur, District Gautam Budh Nagar.
The matter was entertained by Co-ordinate Bench of this Court on 7.9.2021, on the said date Court has proceeded to consider as the parties jointly stated that the dispute has already been settled amicably by way of compromise and the same has also been submitted before the Investigating Officer.
On the basis of instructions, learned A.G.A. apprised to the Court that the investigation is ongoing in the matter.
In this backdrop, we have occasion to peruse the first information report and the material placed before this Court and we find that the person, whose right has been affected, is Manveer, who is now said to be dead, leaving behind his legal heirs and they are not impleaded as party in the matter and therefore, at this stage, the Court is not inclined to interfere in the ongoing process of investigation.
However, we leave it open to the Investigating Officer to investigate the matter but certainly after giving an opportunity to all the stakeholders and accordingly proceed the matter, as per law.
With the aforesaid leave, the present writ petition stands disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.9.2021 Kamarjahan