Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14078 of 2018 Petitioner :- Krishan Gopal Sharma And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Abhishek Mishra, learned counsel for the petitioners, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners to direct the respondent to not arrest the petitioners in pursuance of Case Crime No. 153 of 2018 under Sections 452, 376 (D), 504, 506 I.P.C. and 3(2)(V) of S.C./S.T. Act, P.S. Khair, District Aligarh and further prayed not to harass or interfere in the peaceful life of the petitioners.
It is submitted by learned counsel for the petitioners that petitioners are the family members of the accused, Sumit who is said to be involved in the present case and the petitioners who are family members of the accused, Sumit have also deserted him but the aforesaid accused is still absconding, hence, police is harassing the petitioners. It has been further pointed out that informant of the case has also approached this Court by means of filing Criminal Misc. Writ Petition no. 12801 of 2018 in which order was passed on 18.05.2018 for getting the investigation completed without any further delay. Copy of the order is taken on record.
In view of the above, S.S.P., Aligarh is directed to look into the matter and do the needful so that the petitioners who are the family members of accused, Sumit are not being harassed unnecessarily. It is made clear that if the petitioners' involvement is found at any stage, shielding the accused, Sumit during the course of the investigation, police will be at liberty to proceed against the petitioners also. Petitioners undertake to cooperate to get the accused, Sumit apprehended in the present case.
With the aforesaid direction, this Writ Petition is disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.) Order Date :- 29.5.2018 A. Mandhani