Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 34404 of 2018 Petitioner :- Lakshmi Pandey And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Deepak Kumar Singh, learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 23.07.2018 registered as case crime no. 138 of 2018, under Sections 363, 366 IPC, P.S. Ghyanpur, District Sant Ravi Das Nagar (Bhadohi).
Learned counsel for the petitioners submits that the petitioner no.2 is innocent and has been falsely implicated in the present case. The allegations levelled against him is absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner no.2, hence, the same be quashed. It is also submitted that the victim / petitioner no.1 has already got her statement under Section 164 CrPC recorded.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner no.2.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 29.11.2018 N.S.Rathour