Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25885 of 2019 Petitioner :- Kapil Ahirwar And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Kumar Singh Rajawat Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 04.08.2019 registered as Case Crime No.233 of 2019, under Sections 498-A, 323, 504, 506, 376, 511 IPC and Section 3/4 of D.P. Act, P.S. Babina, District Jhansi.
The contention of the learned counsel for the petitioners is that although the allegations made in the first information report may disclose commission of cognizable offence but the entire family of the husband of the informant has been implicated by levelling general allegations. It has been submitted that in so far as the allegations of making an attempt of sexual assault on the informant is concerned, that has been made against the petitioner no.6 (Lalit Ahirwar).
Be that as it may, as the allegations made in the first information report disclose commission of cognizable offence, the matter would have to be investigated and, therefore, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts of the case, we deem it appropriate to dispose off this petition by providing that in so far as petitioner no.2 (Premnarayan Ahirwar); petitioner no.3 (Krishna Ahirwar); petitioner no.4 (Naresh Ahirwar); petitioner no.5 (Manisha Ahirwar); petitioner no.7 (Sunita Ahirwar); petitioner no.8 (Navin Ahirwar); petitioner no.9 (Vimal Ahirwar); and petitioner no.10 (Neelu Ahirwar) are concerned, the investigation of the case shall continue and brought to its logical conclusion but they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., provided they co-operate in the investigation. The petition of petitioner no.1 (Kapil Ahirwar-husband of the informant) and the petitioner no.6 (Lalit Ahirwar) stands dismissed without prejudice to their right to apply for bail/anticipatory bail, as may be advised.
Order Date :- 19.12.2019/AKShukla/-